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(영문) 울산지방법원 2018.02.14 2017가합21233
매매대금
Text

1. The Defendant’s KRW 150,000,000 as well as 5% per annum from September 27, 2016 to February 14, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On October 25, 2010, the Plaintiff entered into a sales contract with the Defendant to sell the vessels listed in the separate sheet to KRW 1,000,000 (hereinafter “instant sales contract”).

B. Meanwhile, prior to the conclusion of the instant sales contract, the Plaintiff already received KRW 210,00,000 from the Defendant as the sales price for the instant vessel; and the Defendant agreed to accept KRW 200,000,000 as the substitute payment for the payment of intermediate payments. As such, the Plaintiff entered into the instant sales contract and agreed to receive KRW 590,000 in total from the Defendant as the intermediate payment and the remainder (i.e., intermediate payment of KRW 190,000 until the end of February 30, 201).

On November 29, 2010, 50,000,00 on November 29, 201, 201; 30,000,00 on August 30, 201, 201; 40,000,000 on January 28, 201, 201; 45,000,00 on March 31, 201; 10,000,00 on October 30, 205, 200,00 on May 10, 200, 200, 10,000 on October 10, 200, 200; 30. 10,000 on October 20, 201; 10,000 on October 30, 200, 2000;

C. The Defendant, the father of the Plaintiff, was the de facto owner of the instant vessel, and died on January 13, 2013.

From November 29, 2010 to February 14, 2012, the head of the Tong paid a total of KRW 440,000,000 as shown in the following table over 14 times.

On October 25, 2010, the Plaintiff delivered the instant vessel to the Defendant, and the Defendant led to a confession that the Defendant received the instant vessel on October 25, 2010 in the written reply, but reversed the claim in the written reply dated 8, 2016, and asserted that the Defendant was handed over the instant vessel on or around February 201, but there is no evidence to acknowledge that the said confession was contrary to the truth and caused by mistake.

On the same day, the registration of ownership transfer for the instant vessel was completed to the Defendant.

E. The Defendant’s vessel of this case around November 9, 2010.

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