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(영문) 의정부지방법원 2020.06.19 2019가단108411
매매대금
Text

1. As to the Plaintiff (Counterclaim Defendant) KRW 22,466,414 and KRW 10,954,814 among them, the Defendant (Counterclaim Defendant) shall have the effect on December 13, 2017.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with the purport of Gap evidence Nos. 1, 2 (including paper numbers), Eul evidence Nos. 1 and 2 and the whole pleadings:

The Mart located in the Gu-si C and the 1st underground floor (hereinafter “D Et”) was changed to “Et”; hereinafter “the Et” was operated by F, but G intended to accept it.

G short of the acquisition fund received KRW 20 million from H on November 30, 2016 (deposit in the Plaintiff’s name account), and deposited KRW 100 million on December 19, 2016 (deposit in the Plaintiff’s account in the Plaintiff’s name), and the transferee was the Plaintiff.

B. On July 11, 2017, the Plaintiff (or G) entered into a sales contract orally with the instant marina (hereinafter “instant sales contract”) and received KRW 25 million on July 12, 2017, and H commenced the operation of the instant marina from July 11, 2017 to the Defendant’s name.

2. Determination as to the principal lawsuit

A. The Plaintiff entered into a sales contract with the Defendant to set the sales amount of KRW 36,821,899 with respect to the instant marina, and the Plaintiff received KRW 25,00,000,00 as the down payment.

Therefore, the Defendant is liable to pay the Plaintiff the remainder of the purchase price, KRW 11,821,89, and the delay damages therefor.

The decision-making details of the above balance are as shown in the following table (hereinafter “instant balance sheet”).

B. As Defendant H demanded the return of the amount invested in G, G proposed that it will accept the instant marina, “G shall pay half of the amount of KRW 50 million, which is the difference, as the current inventory goods are equivalent to KRW 180 million, and the amount unpaid to the business partner is equivalent to KRW 130 million, and the amount unpaid to the business partner is equal to KRW 130 million,” and H shall pay KRW 50 million on July 12, 2017.

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