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(영문) 대전지방법원 2018.06.27 2017가합105634
매매대금
Text

1. The defendant

A. The amount of KRW 500,000,000 and the interest rate of KRW 15% per annum from May 19, 2017 to the date of full payment.

Reasons

Facts of recognition

The following facts are acknowledged according to the facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 5, and the purport of the whole pleadings.

Plaintiff

A, who was operating D Co., Ltd. (hereinafter “Co., Ltd. E”), decided to transfer the management right of the Defendant Co., Ltd. to F on July 4, 2009, by selling the purchase price at KRW 1,300,000,000 (hereinafter “instant sales contract”) with respect to the land and buildings listed in the separate sheet (hereinafter “instant real estate”).

After that, on November 19, 2009, F was appointed as the representative director of the defendant company.

F on July 31, 2009, paid KRW 600,000 to Plaintiff A according to the instant sales contract, but the remainder of KRW 700,000,000 is unpaid.

F on December 1, 2009, on behalf of the Defendant Company, issued a written repayment plan to the Plaintiff that “The Plaintiff will repay KRW 200,000,000 to May 30, 2010.”

Around February 26, 2012, the Defendant Company entered into, at the Plaintiff’s request, a lease contract with the Plaintiff for lease on a deposit basis for 200,000,000 won with respect to the building listed in the separate sheet (hereinafter “instant building”) and 12 months from April 12, 2012 to April 2, 2013 (hereinafter “instant lease contract”). On May 1, 2012, the Defendant Company entered into a lease contract with the Plaintiff for lease on a deposit basis (hereinafter “instant lease contract”).

In relation to the claim amount of KRW 700,000,000, as the title "written commitment to pay the purchase price of a factory" to the Plaintiffs on February 25, 2017, the Defendant Company: (a) stated that the Defendant Company is liable for KRW 200,000 to B; and (b) paid KRW 500,000,000 to the Plaintiff."

The seal was affixed and delivered to it.

According to the above facts of determination as to the plaintiffs' claims, barring any special circumstance, the defendant company shall pay the plaintiff A KRW 500,000,000 according to the letter of this case, unless there are special circumstances.

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