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(영문) 수원지방법원 2018.03.13 2017가단538625
주점양도대금 청구의 소
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and the interest rate thereon from November 18, 2017 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. On February 10, 2012, the Plaintiff concluded a transfer contract with the Defendants on February 10, 2012, setting the transfer price as KRW 1.3 million for entertainment taverns (trade name: E) located in Gangdong-gu Seoul Metropolitan Government D.

(2) On February 10, 2012, the Defendants agreed to pay 30 million won the down payment to the Plaintiff, and the remainder KRW 100 million to the Plaintiff with 1% interest per month after one year.

(3) On February 15, 2012, in order to secure the Defendants’ obligation to pay the remainder, the Plaintiff and the Defendants completed the registration of collateral security with respect to KRW 1.1 million with respect to the maximum debt amount of KRW 1260,000,000,000,000 and the creditors as their wife G, in order to secure the Defendants’ obligation to pay the remainder.

(4) On November 16, 2015, the Plaintiff filed an application for a voluntary auction of real estate with the Chuncheon District Court Young-gu Branch H on the real estate stated in the said Paragraph (3). On March 22, 2017, the Plaintiff received a dividend of KRW 11,979,572 from the said auction procedure, and appropriated it for the partial repayment of the interest accrued therefrom.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

B. According to the above facts of recognition, the Defendants are jointly and severally liable to pay damages for delay at the rate of 15% per annum from November 18, 2017 to the date following the delivery of a copy of the instant complaint, as the Plaintiff seeks, to the Plaintiff.

2. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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