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(영문) 부산지방법원동부지원 2017.10.19 2016가단208985
매매대금
Text

1. The defendant

A. From April 1, 2016 to July 18, 2016, Plaintiff A with respect to KRW 82 million and KRW 20 million among them.

Reasons

1. Facts of recognition;

A. On January 5, 2016, Plaintiff A sold to the Defendant an E store specializing in the Patho-gu Busan Metropolitan Government D (hereinafter “instant restaurant”) and KRW 260 million at the sales price.

B. On February 5, 2016, the Plaintiff and the Defendant agreed that KRW 26 million shall be paid in installments from February 5, 2016, and KRW 30 million shall be paid in interest of 20% per annum if the Defendant assumed the existing debt that the Plaintiff owes to F, and KRW 104,00,000 of the first part payment, and KRW 20,000 of the second part payment, December 28, 2015, and KRW 20 million from March 31, 2016, and KRW 80,000,000 from February 5, 2016, and the payment of the installment shall be delayed.

C. Plaintiff B, under the trade name of “H” in Busan East-gu G, supplied a total of KRW 14,849,937 Swins to the instant restaurant from January 26, 2016 to May 12, 2016, while engaging in a swine cafeteria franchise and meat retail distribution business.

[Ground of recognition] Unsatisfy, entry of evidence A1 to 7, purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion is obligated to pay the plaintiff A the second part of the intermediate payment of KRW 20 million and the balance of KRW 62 million among the purchase price of the instant restaurant, and the remaining goods price of KRW 4,710,296 among the purchase price of the pigs supplied to the plaintiff B.

B. The actual party to the contract for acquisition of the instant restaurant and the contract for the supply of swine machine is the father of the Plaintiff A and the Plaintiff B’s son.

I transferred the instant restaurant to the instant restaurant, and if the expenses, such as interior services, etc., do not exceed KRW 150,000,000,000, the acquisition price was the same as the difference, and it is known that the actual expenses, such as interior services, are not exceeding KRW 50,000,000.

In addition, I operated the restaurant of this case and transferred the restaurant of this case to the defendant, even though criminal punishment was imposed by deceiving sanitary issues and origin, and deceiving the important facts in the contract of acquisition of the restaurant of this case.

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