(영문) 의정부지방법원 2021.01.12 2020가단957

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(영문) 의정부지방법원 2021.01.12 2020가단957

매매대금

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The defendant is 5% per annum from September 18, 2018 to February 3, 2020 to the plaintiffs' KRW 100,000,000 and its related amounts.

Reasons

1. Basic facts

A. On August 24, 2018, the Plaintiffs entered into an agreement with the Defendant to comprehensively transfer and take over the business rights and facilities of the 8th floor and the 9th floor located in the Namyang-si (hereinafter “the instant agreement”) (hereinafter “instant agreement”). On September 18, 2018, the Plaintiffs entered into a contract with the Defendant to transfer all underground water facilities at KRW 100 million (hereinafter “instant agreement”).

B. On September 12, 2018, before the date of the instant contract, the Defendant received facilities, such as the pumps, from the Defendant, and used them.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. The assertion and judgment

A. According to the contract of this case, the defendant should pay to the plaintiffs the acquisition price of KRW 100 million and the delayed damages.

B. The gist of the Defendant’s assertion is that the instant contract is in accordance with Article 5 of the instant agreement, and it is valid only when the instant agreement was implemented in compliance with Articles 1 through 4, and the instant agreement was carried out, and thus, the instant contract is not valid or should be revoked by deception, as the instant law pumps, etc. are subject to removal as illegal facilities.

In addition, since the plaintiffs failed to perform their obligations under the agreement of this case properly, damages of KRW 17,723,528 which the defendant did not operate for 8 days, damages of KRW 80,000 between the plaintiffs, which the plaintiffs unfairly received, KRW 100,000,000,000,000, which occurred from the distribution of discount coophones to the private letter, and the damages of KRW 54,061,00,00, the signboard price, and the stabilizing period were 4,70,000,000,000,000,000,000,000 won

(c)

Judgment

(1) We examine the validity of the instant contract, and examine the instant case.

유사 판례

-의정부지방법원 2021.01.12 2020가단957

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-대구지방법원 2017.11.24 2017노4074

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