(영문) 광주지방법원 2020.01.30 2019가단523688

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(영문) 광주지방법원 2020.01.30 2019가단523688

매매대금

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1. The Defendant’s KRW 130,000,000 as well as 5% per annum from August 30, 2019 to January 30, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. On May 2, 2017, the Plaintiff entered into a provisional contract with the Defendant to transfer the business of the first floor D members of the building located in Gwangju Northern-gu Seoul (hereinafter “instant member”) to the Defendant, and on May 2, 2017, the Plaintiff transferred the entire building and facilities of the instant member to the Defendant on or around May 2, 2017.

B. On the same day, the Defendant entered into a contract with the owner E of the building of this case under which the Defendant leased the said building in KRW 45 million, but the Defendant did not pay the lease deposit separately to E, and was transferred the Plaintiff’s right to return the lease deposit under the Plaintiff’s lease agreement to E.

C. Around September 13, 2017, which was four months after the Defendant’s transfer of the instant member, the Plaintiff agreed to transfer the instant member’s business to the Defendant. On September 13, 2017, the Defendant paid KRW 50,000,00 to the Plaintiff as part of the transfer amount of the instant member’s business, and on October 26, 2017, concluded a contract under which the Plaintiff and the Defendant agreed to transfer the instant member’s facilities and all of the instant member’s business to the Plaintiff (hereinafter “instant business transfer agreement”) with respect to the instant member’s business transfer on October 26, 2017.

① The Plaintiff sells premium, deposit, and facilities to the Defendant collectively.

② The Defendant shall pay the Plaintiff the balance of 180,000,000 won for the transfer proceeds, excluding the sales contract amount, in installments, five million won for a total of 36 months from October 30, 2017 to September 30, 2020, and the payment date shall be determined on the 30th of each month.

③ In the event that the Defendant delays the transfer price for at least 60 days from the payment date, the Defendant shall either refund all facilities and lease deposits of the instant Council members to the Plaintiff, or pay the remainder to the Plaintiff in lump sum.

any balance shall be paid in a lump sum.

유사 판례

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