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(영문) 광주지방법원순천지원 2017.11.08 2017가합11910
양도대금 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. On July 16, 2014, the Plaintiff agreed that the Defendant would be a joint representative of C, while transferring 50 million won of the automobile maintenance business sector and 51% of the shares in the business of C, which the Plaintiff was the representative director, to the Defendant, among the business of C, for KRW 450 million (hereinafter “instant transfer/acquisition agreement”).

2) Meanwhile, at the time of the instant transfer or acquisition agreement, the Plaintiff and the Defendant agreed to deduct the amount of the existing loan amount from the transfer price of KRW 450 million, by determining the amount of the existing loan amount as KRW 175 million.

3) The Defendant received 51% of the shares of C Co., Ltd., and was appointed as a joint representative director on August 21, 2014, and was registered on the register. 【Nos. 1, 2, 1, 1, and 1, and the purport of the witness D’s partial testimony and arguments as a whole.

B. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the remainder of KRW 275 million after deducting the debt of the existing loan amount of KRW 175 million from the above transfer price of KRW 450 million, barring any special circumstances.

(1) The Plaintiff asserted that the amount of the existing loan to the Defendant was KRW 150 million, not only KRW 150 million, but also KRW 150 million, and claimed for payment of KRW 300 million, not KRW 275 million, but also KRW 300,000,000, not KRW 27500,000. Rather, according to witness D’s testimony, as to the amount of the existing loan at the time of the instant transfer or acquisition agreement, the Plaintiff asserted that the amount of the existing loan was KRW 150,00,000, KRW 2500,000,000,000 according to D’s arbitration that was present at that place, and it is recognized that there is no other evidence to acknowledge it.

2. Judgment on the defendant's defense of payment

A. The summary of the Defendant’s defense is that the remainder of the transfer price of KRW 275 million is all D’s account designated by the Plaintiff.

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