beta
Text
1. The Defendant’s KRW 121,380,70 for the Plaintiff and KRW 6% per annum from July 21, 2016 to August 8, 2017.
Reasons
1. Basic facts
A. The Plaintiff operated a “D” private teaching institute (hereinafter “private teaching institute of this case”) that instructs, on the 6th floor of the 6th floor of the Busan Maritime Daegu C Ground Building, in Korean language, editorials, reading, etc., and the Defendant is operating a English kindergarten on the 11st floor of the same building.
B. On October 2014, the Plaintiff was obligated to pay KRW 6,767,00 each month to the Vienna Co., Ltd. with the lease fees, such as computers and office equipment, used by the instant private teaching institute, by not later than February 3, 2016.
C. On October 13, 2014, the Plaintiff entered into a contract under which the instant private teaching institute will transfer the amount of KRW 310,000,000 (hereinafter “instant transfer/acquisition contract”) to the Defendant (hereinafter “the instant transfer/acquisition contract”) for the lease deposit of KRW 100,000,000,000, the amount of KRW 100,000,000, out of which would be directly paid by the lessor of the instant private teaching institute, and agreed on the remainder of KRW 210,00,000 as follows.
Contract deposit: The remainder payment of KRW 51,000,000 in the intermediate payment: 109,000,000 in the monthly rent, and KRW 6,767,000 in the monthly rent, which is equivalent to the monthly rent, on 3 February 3, 2016, by 16 times: 50,000,000 in the intermediate payment, and is paid in installments at the Plaintiff’s account (hereinafter referred to as “division payment in installments”): By December 31, 2014, and each payment in installments of KRW 25,00,000 in the annual rent, respectively.
D. On November 3, 2014, the Defendant paid 50,000,000 won to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 6, 7, 9, 10, 12, Eul evidence Nos. 1 and 6, the purport of the whole pleadings
2. Determination
A. According to the above facts, barring any special circumstance, the Defendant’s claim for transfer price is based on KRW 50,951,300 (=27,068,000 as of March 5, 2015, the repayment amount of KRW 10,952,30 as of March 19, 2015 (attached Table 1 No. 18) that was paid to the Plaintiff on March 30, 2015, where the Plaintiff was paid at KRW 159,00 in total of intermediate payment and balance of KRW 159,00.