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1. Defendant B shall pay the Plaintiff KRW 65,00,000 and KRW 1,00,000 per month from January 1, 2014 to the day of full payment of the said money.
Reasons
1. On November 2013, Defendant B: (a) took over all of the business rights of “G” in the name of the Plaintiff to “G” in the name of the Defendant C when the Plaintiff was running in the name of the Plaintiff (hereinafter “the instant chemical site”); and (b) to receive transfer of equipment management methods; (c) to pay KRW 75 million in return; and (d) to pay KRW 10 million in return for transfer of equipment management methods; (c) to pay KRW 65 million in cash by November 16, 2013; and (d) to pay KRW 65 million in return for the remainder of the pleadings by the payment date; and (e) to pay KRW 10 million in cash by November 16, 2013; and (e) to pay money in proportion to KRW 100,500 in cash by the date of full payment.
(hereinafter “instant contract”). Defendant B paid KRW 10 million to the Plaintiff on November 16, 2013, and the Plaintiff transferred the original management method to the said Defendant.
Defendant B paid 1 million won interest to the Plaintiff on December 2013. On December 20, 2013, Defendant C completed business registration with the trade name “H” in Defendant C’s name and commenced business from around that time.
On May 14, 2014, the Plaintiff filed a complaint against the Defendants on the charge that “In the event a lawsuit related to Defendant B’s husband is resolved without intent and ability to pay the transfer price, the Plaintiff deceptioned to pay the transfer price and acquired pecuniary gains by not giving rise to the conclusion of the instant contract and not giving rise to the transfer price.”
During the investigation process, Defendant B stated to the effect that “I tried to pay the transfer price upon resolution of the other party’s lawsuit by the Republic of Korea,” and based on the above statement, etc., Defendant B was issued a non-prosecution disposition around October 2014.
around August 2014, Defendant B paid KRW 1,250,000 per annum to a lessor of the instant chemical site from August 1, 2014 to July 31, 2015.
2. 피고 C에 대한 청구 본안전 항변에 관한 판단 : ▷피고 C는 이 사건 계약의 당사자가 아니므로,...