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Reasons
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(영문) 인천지방법원 2020.06.10 2019가단239307
양수금
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1. The Defendant’s KRW 120,000,000 as well as 5% per annum from June 4, 2019 to August 11, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. C is the Plaintiff’s wife, D is a de facto marital relationship with F as the representative director of E Co., Ltd. (hereinafter “E”), and F is the Defendant’s mother.

E is a project for newly building and selling buildings in lots.

B. On November 24, 2012, C entered into a sales contract with D (the Defendant acknowledges that he lent his name to D. Accordingly, the Defendant’s assertion that D stolen the Defendant’s seal is not acceptable) to purchase the Hho-gun G (the ownership of the Defendant) of Gyeong-gun, Gyeong-gun, Busan (the ownership of the Defendant) for KRW 400 million.

E affixed a seal to the contract of the above sales contract as an agent.

C. On May 8, 2018, the Plaintiff and the Defendant’s agent, agreed to terminate the instant sales contract, and the Defendant returned the sales price to C on April 19, 2018, and the Defendant agreed to pay KRW 50 million on May 19, 2018, KRW 50 million on or around May 2018, and KRW 120 million on April 19, 2019 (the sum of KRW 10 million, interest, delay damages, and delay damages).

(hereinafter referred to as the “instant termination agreement”) D.

C on May 29, 2019, transferred to the Plaintiff the claim amounting to KRW 120 million against the Defendant, and on May 31, 2019, sent a mail containing the assignment of claim to the Defendant, and on June 3, 2019, the mail was served on the Defendant on June 3, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. Determination

A. According to the above facts of recognition, D, representing the Defendant, concluded the instant sales contract with C, and thereafter concluded the instant termination agreement with the Plaintiff, representing C.

Furthermore, in full view of the developments leading up to the conclusion of the instant sales contract and the instant termination agreement, the relationship between the Defendant and D, etc. revealed in the facts of the recognition, the Defendant is the case against D.

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