(영문) 의정부지방법원고양지원 2019.01.16 2018가단83440

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(영문) 의정부지방법원고양지원 2019.01.16 2018가단83440

매매대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 19, 2012, the Plaintiff and the Defendant entered into a contract under which the Plaintiff’s representative director comprehensively transfers the vehicles, offices, etc. of C Co., Ltd. (hereinafter “C”) to the Defendant (hereinafter “instant transfer contract”) totaling KRW 910 million (the contract amounting to KRW 200 million and the remainder KRW 710 million on November 29, 2012).

The defendant paid KRW 710 million to the plaintiff out of the price under the transfer contract of this case, and the remaining KRW 200,000,000,000 to the plaintiff shall be immediately returned to the plaintiff while keeping the custody of KRW 200,000 on November 30, 2012, or when the plaintiff

“The Plaintiff prepared a cash custody certificate on February 27, 2013, KRW 70 million, KRW 50 million on April 3, 2013, KRW 30 million on April 4, 2013, and KRW 150 million on April 4, 2013.

[Ground of recognition] Unsatisfy, entry of Gap 1 and 3 (including virtual number), and the purport of the whole pleadings

2. The plaintiff asserts that the defendant did not pay KRW 50 million out of the price under the transfer contract of this case.

As to this, the defendant asserts that there is no balance of KRW 150 million out of the remaining KRW 200,000,000, after having agreed to reduce the amount of KRW 50,000,000 in the name of C instead of running the business in accordance with the plaintiff's request to reduce the transfer tax after the transfer contract of this case.

3. In full view of the following circumstances, the Plaintiff and the Defendant, after concluding the instant transfer contract, transferred C substantially through a separate agreement to transfer C’s shares, and reduced the price in total to KRW 80 million, based on the premise that the balance under the instant transfer contract remains as it remains, cannot be accepted.

① The Defendant around November 21, 2012, immediately after the instant transfer contract, shall C.

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