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Reasons
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(영문) 대전지방법원 2018.04.13 2017가단211105
대여금
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1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On July 3, 2007, the Plaintiffs sold the “J-charge” located in D, E, F, G, H, H, and I (hereinafter “instant filling station”) to the Defendant for KRW 2.3 billion. The said purchase price includes KRW 1.8 billion for lease deposit to be paid from E.S. Gas Co., Ltd (hereinafter “S-gas”), the lessee of the instant filling station, and the intermediate payment is paid KRW 200 million with the contract, and the intermediate payment is paid on July 5, 2007, and the remainder amount is paid KRW 200 million with the Defendant, the buyer and the buyer of the instant filling station, and the Defendant and E.S., the sales contract was concluded (hereinafter “instant sales contract”).

B. On September 11, 2008, the Defendant paid KRW 460 million which was not paid to the Plaintiff out of the purchase price under the instant sales contract, and KRW 200 million out of September 17, 2008, and the same year.

9. 24. 24. 10. 2. 2. 100 million won each, and the payment plan was prepared on 2. 6.2. 2. of the same year to the effect that the payment will be made in the amount of KRW 60 million (hereinafter “instant payment plan”) and delivered it to the Plaintiffs.

[Recognition] Facts without dispute, Gap evidence No. 2, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the purchase price of KRW 460 million, which was agreed to be paid to the Plaintiff with the instant payment plan, to the Plaintiff, with the Plaintiff’s claim for KRW 120 million and delay damages therefor.

3. Judgment on the defendant's defense

A. From September 17, 2008 to December 2, 2008, the Defendant repaid the Plaintiffs a total of KRW 370 million out of the purchase price of KRW 460 million as stipulated in the instant payment plan, and in addition, the Plaintiffs installed in the instant charging station.

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