logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2013.10.30 2012가합6417
매매대금
Text

1. Defendant (Counterclaim Plaintiff) B: (a) 150,000,000 won to the Plaintiff (Counterclaim Defendant) and its related amount from June 8, 2012 to October 17, 2012.

Reasons

1. Basic facts

A. On April 2012, the Plaintiff entered into a contract with Defendant B to transfer the Esing stores and F-singing rooms (hereinafter “Ginging stores, etc.”) located in Kim Sea-si, which the Plaintiff had operated (hereinafter “instant transfer contract”).

B. In accordance with the instant transfer agreement, Defendant B deposited a total of KRW 130,000,000 ( KRW 20,000,000 on April 26, 2012; KRW 50,000,000 on May 24, 2012; KRW 30,000,000 on May 29, 2012; and KRW 30,000,00 on June 5, 2012) to the Plaintiff’s bank account (Account Number H) in the name of the Plaintiff.

C. On June 7, 2012, the Plaintiff transferred to Defendant B all rights (such as lease deposit return claim, business license certificate, business registration certificate, etc.) relating to singing stores, etc.

On June 7, 2012, Defendant B entered into a lease agreement with the owner of G singinging shop building and the said main points with a deposit of KRW 20,00,000, KRW 1,000, KRW 1,000, and the contract term from June 7, 2012 to June 7, 2014. Defendant C, the owner of G singinging room building, also entered into a lease agreement with the owner of G singing room building for the same day, with a deposit of KRW 10,00,000, KRW 1,000, KRW 1,000, KRW 1,000, KRW 00, and the contract term from June 7, 2012 to June 7, 2015.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 3, Eul's evidence 1-1, 2, Eul's evidence 3-1, Eul's testimony, and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s claim for the transfer price under the transfer contract of this case is KRW 280,00,000 (per premium of KRW 250,000,000 + KRW 30,000,000). The Defendants paid only KRW 130,000 among them, and the Defendants are jointly and severally liable to pay the remainder of the transfer price of KRW 150,000,000 and delay damages to the Plaintiff.

B. The Plaintiff’s principal claim is without merit merely because the transfer price under the instant transfer contract by the Defendants was KRW 130,000,000.

In addition, at the time of the instant transfer contract, the Plaintiff and the Defendants are not well-grounded.

arrow