beta
(영문) 제주지방법원 2015.08.19 2014나1836

손해배상(기)

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

On March 25, 2009, the Plaintiff and the Defendant agreed with C and D to operate a GB club (hereinafter “instant age club”) in the F Hotel Co., Ltd., Ltd. (hereinafter “instant business agreement”) at Jeju, which was operated by the Plaintiff and D (hereinafter “instant business agreement”).

The parties including the plaintiff and the defendant shall bear 100 million won each by the defendant and C, and shall borrow 100 million won from the liquor company, and the plaintiff, the defendant, and C shall have 20% shares of 40%, and D shall have 40% shares of 40%.

The above workers started their businesses around that time and registered the business as the representative of the defendant.

However, the instant age club operation becomes difficult, and the operating funds also decided to terminate the club operation contract on February 8, 2010, and the Defendant and C prepared and delivered a written waiver of the following contents to the Plaintiff and A on the same day:

(hereinafter “instant termination agreement”). The Defendant and C, who are partners due to financial and management negligence in the operation of the instant resort club, agree to waive all all kinds of facilities, vehicles, goodwill, and loans (if any).

Provided, That the plaintiff and D shall be responsible for the attached amount, and the defendant and C shall not be held liable for civil or criminal liability.

- Account Statement to be attached - Hotel 95,00,000 (including any property tax and any land excess) - L 45,000,000 (100,000 won) - Monthly (total 39,300,000 won) for the portion above shall be paid until March 10, 2010, and shall be traded under an agreement of non-performance.

The cost of the accident (paid portion) shall be paid by the share at the time of payment.

On February 8, 2010, the current status of advance payment for the employees of the business place, and the total amount of 112,50,000,000 won for those who did not work at the business place as of February 8, 201.