2016 Ghana 145885

A

Attorney B

C

March 21, 2018

April 11, 2018

1. The defendant shall pay to the plaintiff 24,730,000 won with interest rate of 15% per annum from April 12, 2018 to the day of complete payment.

2. The costs of the lawsuit are assessed against the defendant.

3. Paragraph 1 can be provisionally executed.

The same shall apply to the order.

1. Basic facts

A. On March 23, 2016, the Plaintiff and the Defendant entered into a contract for transfer of business E (hereinafter referred to as “instant carpet”) located on the D5th floor of Gangdong-gu Seoul Metropolitan Government, and the Plaintiff paid KRW 80 million to the Defendant by May 3, 2016.

B. The Defendant agreed to maintain and manage property value, such as business facilities, fixtures, customers, credit, etc. of the instant car page, until transferring the instant car page to the Plaintiff (hereinafter “instant agreement”).

C. The Plaintiff did not receive, or was not notified of, any of the following items among the items related to the car page of this case.

A person shall be appointed.

2. The plaintiff's assertion

Since the Defendant violated the instant agreement, the Defendant should either return the amount equivalent to KRW 24,730,000 to the Plaintiff as unjust enrichment or compensate the Plaintiff for damages.

3. Determination

A. Recognition of liability for damages

According to the above facts, since the defendant did not transfer equipment, etc. necessary for the business of the car page of this case to the plaintiff in violation of the contract of this case or did not notify the defects thereof, the defendant is obligated to pay to the plaintiff 24,730,000 won and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 12, 2018 to the date of full payment after the judgment of this case, among the value of the article to be transferred to the plaintiff and the cost of replacing the defective article.

B. Judgment on the defendant's assertion

(1) The defendant's assertion

The Defendant did not have any defect in the goods that were transferred and transferred all equipment necessary for the business of the instant car page in accordance with the instant agreement, and the Plaintiff was not liable for the acquisition by transfer of the instant car page after checking all of such fact.

(2) Determination

However, the defendant's assertion is without merit, since there is no evidence to prove that the defendant fulfilled all obligations under the agreement of this case, and that the plaintiff acquired the Kapets of this case after confirming it.

4. Conclusion

If so, the plaintiff's claim of this case is justified and accepted.

Judges Tae-geuk