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(영문) 수원지방법원 2018.09.20 2017가단38866
양도잔금
Text

1. As to the Plaintiff KRW 40,000,000 and KRW 35,000 among them, the Defendant shall start on November 2, 2017, and the remainder of KRW 5,000.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) on December 21, 2016, the Plaintiff: (a) leased from the Geum River Pipelines Co., Ltd. for the purpose of KRW 10,000,000 on 104 on the first floor of the members of the Ansan-si C Center; (b) monthly rent of KRW 2,100,000; and (c) the period from January 2, 2017 to January 1, 2018; (d) from D on January 16, 2017, the Plaintiff paid each of the above deposits of KRW 103 on 10,00,000; (e) monthly rent of KRW 1,20,00,000; and (e) from January 21, 2017 to January 20, 2019; and (e) operated each of the above units of deposit with each of the foregoing subparagraph 103 (E).

(2) On October 24, 2017, the Plaintiff agreed to pay KRW 95,00,000 to the Plaintiff on November 1, 2017, the remainder of KRW 95,000,000, excluding KRW 5,000,000,00,000 from the above payment, and KRW 5,00,00,00,000, which was reserved as contract performance guarantee, to the Defendant for the payment of KRW 5,00,00,00, in the event that there is no additional cost to be borne by the Defendant due to an administrative fine, etc. incurred by the Plaintiff’s business prior to the conclusion of the instant contract, etc.

(3) On October 31, 2017, the Plaintiff completed the business transfer, such as ordering the Defendant to place of business on October 31, 2017 under the instant contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

B. According to the above findings of determination, the Defendant, barring any special circumstance, deducted the remainder of 40 million won, which remains after deducting the Plaintiff’s 60,000,000 won (20,000,000 won on November 8, 2017, and KRW 10,000 on October 19, 2017, and KRW 10,000 on November 10, 2017) from the remainder of 40,000 and the performance bond of 5,00,000,000 among them, shall be deducted from the remainder of 35,00,000 won, which is the date following the due date for payment, for the Plaintiff’s KRW 5,00,000,000, which is the following day.

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