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(영문) 수원지방법원 2016.04.21 2015가단40483
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Claim of this case

A. On February 16, 2010, the Plaintiff entered into a contract with C to acquire each of the above child care centers from C by paying KRW 100 million (20,000,000,000,000,000) to the operation right of the 'E Child Care Center' established in the D Apartment Management Complex at Osan-si.

(B) In addition to the above two childcare centers, the Plaintiff paid the Defendant the total sum of KRW 2.7 million of the acquisition price of each of the childcare centers of this case to C.

B. On April 201, while the Plaintiff was operating each of the child care centers of this case without having the name of the representative of each of the child care centers of this case C, the Plaintiff delegated C with the authority to conclude a contract to transfer each of the child care centers of this case to a third party. On April 5, 2011, C entered into a contract between the Defendant and the Defendant on a total of KRW 2.10 million (E child care center G child care center KRW 90 million) with respect to the right to operate each of the child care centers of this case, and the Defendant also acquired it with the knowledge that the Plaintiff is the actual owner of each of the child care centers of this case.

C. Around September 28, 2011, the Defendant promised to directly transfer KRW 1.3 million to the Plaintiff out of the unpaid acquisition price of each of the instant childcare centers until October 30, 201, and the remainder to the Plaintiff via C.

The Defendant paid to the Plaintiff a total of KRW 17 million on February 24, 2012, among KRW 130,000,000,000 that the Defendant decided to pay directly pursuant to the above agreement, on or around February 29, 2012, and KRW 17 million on or around February 29, 2012. Since the remainder of KRW 113,000 is not paid, the Defendant is obligated to pay the unpaid balance and the interest for delay from May 1, 201.

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