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(영문) 서울서부지방법원 2014.12.23 2013가단24750
매매대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 6, 2010, C Co., Ltd. (hereinafter “C”) (the representative: D; hereinafter “C”) set up a screen golf course by leasing KRW 30,000,00 per deposit, KRW 1,500,00 per month of rent, and relocating machinery, etc. located in Seoul Women’s Dos to set up a screen golf course (hereinafter “the screen golf course of this case”). In that process, the Plaintiff assumed most of the lease deposit, the test cost, etc.

C, while directly operating the instant screen golf course in the first place, later, G, who was the manager of the instant golf course, sublet the instant golf course to G and entrusted its operation, but all of the instant screen golf course had many difficulties in operating the instant screen golf course, such as the occurrence of deficit.

B. Accordingly, on November 22, 2011, H entered into a contract with C to purchase the fixed assets of the instant screen golf course (specific lists are as follows c) in KRW 80,000,000,000. However, H renounced waived down payment of KRW 10,000 and rescinded the said contract.

C. On February 16, 2012, the Defendant concluded a contract to purchase the instant screen golf course.

(A) A specific list of fixed assets which are the object of the sale and purchase (hereinafter “instant sales contract”). A specific list of fixed assets, which is the object of the sale and purchase, was (i) four screen golf devices, (ii) one set of cold and hot blasts, (iii) one set of screen golf courses, (iv) other assets related to screen golf courses (such as house fixtures, golf bags, POSs, and news, etc.) and (iii) other screen golf courses, which were confiscated by the seller from H, and (iv) two of the four screen light golf instruments, which are the object of the sale and purchase, was promised to be replaced by the steced products.

As to the instant sales contract, the Defendant remitted KRW 1,00,000 to the Plaintiff’s account on April 25, 2012, and KRW 1,000,000 on May 25, 2012, and KRW 500,00 on August 7, 2012, respectively.

E. The defendant operated the screen golf course of this case for several months, but also did not go to the management difficulties.

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