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(영문) 수원지방법원성남지원 2015.06.25 2014가단202492
청구이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Defendants and F (hereinafter referred to as “Defendants, etc.”) jointly operated the Hcafeteria located in Songpa-gu Seoul Metropolitan Government (hereinafter “instant restaurant”).

On October 10, 2011, the Defendants, etc. entered into a sub-lease contract with I, a lessee of the instant restaurant, and with respect to the instant restaurant in the name of F, which is the 40 million won of the deposit, and the monthly rent of KRW 7 million. The Defendants, etc. paid KRW 40 million to I as the deposit.

Around that time, the registered titleholder of the instant restaurant was changed to F. I.

B. On March 5, 2012, Plaintiff A, etc. agreed to acquire the instant restaurant in KRW 90 million from the Defendants, etc., and on May 2012, Plaintiff A again entered into a transfer agreement (hereinafter “instant agreement”) with the Defendants, etc. under the guarantee of Plaintiff B (the husband of Plaintiff A).

C. Until May 3, 2012, the Plaintiffs paid the Defendants, etc. a total of KRW 40 million as the purchase price, but did not pay the remainder of KRW 50 million.

Accordingly, on September 6, 2013, the Defendants filed a payment order with the Plaintiffs seeking payment of KRW 50 million, and received the instant payment order with the purport that “the Plaintiffs shall jointly and severally pay KRW 21 million to Defendant C, KRW 24 million to Defendant D, and KRW 5 million to Defendant E,” and the instant payment order was finalized around that time.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 4, 5, 9, 15, Eul evidence Nos. 2 and 4, witness I's witness I's testimony, the purport of the whole pleadings

2. Assertion and determination

A. On the grounds delineated in the summary of the Plaintiff’s assertion, since the Defendants’ claim for the remainder payment under the instant contract against the Plaintiffs was extinguished, compulsory execution based on the instant payment order is unreasonable.

1. The Plaintiffs and the Defendants asserted the waiver of the remaining payment claim against the Defendants on November 2012, 201, the Plaintiffs subscribed to the Defendants’ obligations of KRW 10 million against the Jinchi Co., Ltd.

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