logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2015.01.28 2014가단156514
양수금
Text

1. The Defendants: (a) as to each Plaintiff KRW 50,00,000; and (b) as to Defendant B, as from June 26, 2014; and (c) Defendant C, as of June 2014.

Reasons

1. Facts of recognition;

A. On April 29, 2013, between the Plaintiff and D (E), a sales contract was concluded between the Plaintiff and D (hereinafter “First Agreement”) with respect to the F station site in Chungcheongnam-gun, Chungcheongbuk-gun, F station site in G gas station site in size 9,49 square meters, 13 square meters of H station site in size and its ground (hereinafter “I station”) in size as KRW 600 million (hereinafter “First Agreement”). B. Around April 29, 2013, J, which arranged the first Agreement, resells the I station to the Defendants for the purchase price of KRW 650,000,000,000, and the Plaintiff immediately transferred the ownership of the Defendants. Accordingly, the Plaintiff and the Defendants drafted a sales contract with respect to I station site in size as KRW 650,000,000 (Evidence evidence 4; hereinafter “Second Agreement”).

C. Of the purchase price of the secondary contract, KRW 60 million was paid on the date of the contract, and KRW 90 million out of the remainder on January 13, 2014, respectively (the said money appears to have been paid to E through the Plaintiff). The Defendants acquired the obligations of the loans secured by the IP as security, and the remainder KRW 100 million was appropriated for the lease deposit for the IP concluded between E and the Defendants.

On January 14, 2014, the Plaintiff completed the registration procedure for transfer of ownership to the Defendants with respect to I gas stations.

Meanwhile, at the time of concluding the second contract, the Plaintiff and E and J agreed to receive only the purchase price that they paid from the second contract, and 50 million won difference between the first contract and the second contract was agreed to be paid by the Plaintiff.

E. On March 7, 2014, E terminated a lease agreement with the Defendants and received return of KRW 50 million out of the lease deposit.

On the same day, E has prepared a letter of undertaking to the Defendants that “I promise to refund only KRW 50,000 out of KRW 100,000,000” (Evidence 2).

The Defendants paid KRW 48,00,000 to E on March 31, 2014.

(f) E shall be June 2014.

arrow