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(영문) 서울고등법원 2018.10.24 2018나2008208
매매대금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall set forth in the attached list from the plaintiff.

Reasons

1. Basic facts

A. On September 15, 2013, the Plaintiff prepared a sales contract with the Defendant to sell a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) to the Defendant for KRW 1 billion.

(hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.

Article 1 In selling and buying the instant vehicles, the sales price shall be paid as follows:

The sales amount of KRW 1 billion (including lease KRW 160,000,000) is KRW 240,000,000 (including lease KRW 160,000,000) and the intermediate payment of KRW 260,000,000 shall be KRW 500,000,000 from October 15, 2013 to the Defendant for the remainder payment of KRW 500,000 to be paid on November 30, 2013.

[Matters] On November 10, 2013, the vehicle shall, at the time of the preparation of the contract, succeed to the name of the lease or ownership to the Defendant after the repayment of the lease of the instant vehicle by November 10, 2013

B. On April 20, 201, in the name of E, which purchased the instant vehicle with the initial Plaintiff, the lease contract was concluded between E and the social stock company, which took place on April 20, 201, and between E and the Plaintiff paid the lease fee. On May 1, 2015, the lessee changed the lessee to the Plaintiff’s spouse G, and concluded a lease contract (amount to KRW 10.7 million), and the Plaintiff paid the lease fee.

C. The present owner of the instant vehicle is the KB Capital Co., Ltd., and the remaining lease fees of the instant vehicle against the KB Capital Co., Ltd. as of August 7, 2018 near the date of closing argument in the instant case are KRW 5,279,400.

【Non-contentious facts, Gap’s evidence Nos. 1, 3, 9, and 10 (including branch numbers, if any; hereinafter the same shall apply), and the result of this court’s order to submit financial transaction information to the KF Capital Co., Ltd., the entire purport of the pleadings.

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