(영문) 대구지방법원 안동지원 2018.10.10 2018가단20217

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(영문) 대구지방법원 안동지원 2018.10.10 2018가단20217

매매대금

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1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On January 10, 2006 between C and C, the Plaintiff entered into a contract with C to pay KRW 50,000,000 each of the contract amounting to KRW 50,000,00 on the date of the contract, and KRW 150,000,00 after entering into a new lease contract with the owner of the instant building, and KRW 150,000,000 after six months after the contract was entered into, and KRW 50,00,000 after one year after the contract was entered into.

(hereinafter “instant contract”). The Plaintiff paid C the total of KRW 50,000,000,000 on January 10, 2006, which was the date of the conclusion of the instant contract, and KRW 60,000,000 on January 14, 2006, and KRW 67,000,000 on March 10, 2006 (= KRW 50,000,000,000) around March 10, 2006.

On the other hand, the Defendant entered into an investment agreement with the Plaintiff on March 9, 2006, stating that “C, the Plaintiff shall pay 200,000,000 won out of E-price 400,000,000 won, and the remainder of 200,000,000 won, respectively, to the Defendant. All rights to the Plaintiff’s E shall be handed over to the Defendant. The amount of KRW 200,000,000 that the Plaintiff paid to C shall be the Defendant’s investment in the Defendant. The Defendant shall have all profits for 18 months from the date of transfer and take over, and shall distribute to the Plaintiff profits based on the investment ratio of KRW 200,00,000 from the date of investment after 18 months (hereinafter “investment agreement”).

Around that time, the Plaintiff acquired from C the debt 23,00,000,000 (=200,000,000 - 177,000,000) related to E business from C, and decided to substitute for the payment of the remaining purchase price.

The defendant operated E from March 10, 2006, and paid 50,000,000 won to C around October 30, 2006.

On March 24, 2006, the Defendant entered into a lease agreement with F, who is the owner of the instant building, setting the lease deposit of KRW 130,000,000 as to the instant building, and monthly rent of KRW 6,00,000. The Defendant again entered into a lease agreement with F, who is the owner of the instant building.

유사 판례

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