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(영문) 서울고등법원 2015.03.05 2014나28710

손해배상(기)

Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. A contract for public performance by recognized golf clubs;

1. From May 27, 201, the Defendant provides the Plaintiff with 20 times the performance of the club C.

In addition, the plaintiff shall pay the defendant 14,000,000 won per club performance once to the defendant, and the plaintiff shall pay 20,000,000 won for the club fuel for 20 times.

2. The Plaintiff shall pay KRW 280,000,000 for club fuels to the Defendant on May 27, 2011, and shall pay KRW 140,000,000 in cash, and the balance KRW 140,00,000 shall be deposited in the passbook of the Defendant’s Bank.

3. On June 9, 201, the Plaintiff: (a) once the Incheon club performance and twice the Gwangju club performance are excluded from the Defendant on June 9, 201.

On May 27, 2011, the Plaintiff and the Defendant concluded a contract with respect to the performance of club C as follows:

(hereinafter “instant contract”). B.

At the time of the conclusion of the instant contract, the Plaintiff and the Defendant separately paid business promotion expenses of KRW 1,50,000 per performance to the Defendant, and the Defendant agreed to pay KRW 19,00,000 per performance to the Plaintiff, regardless of the amount paid by the Plaintiff to the Plaintiff for the performance of the club purchased by the Plaintiff, and the Defendant, regardless of the amount paid by the club actually contributed by C.

(Defendant appears to have received 19,00,000 won or more from a club contributed by C, and the portion exceeding 19,00,000 won seems to be the defendant's profit).

On May 27, 2011, the Plaintiff paid 140,000,000 won in cash to the Defendant on the date of the contract, and transferred KRW 140,000,000 as stipulated in the contract in this case to the passbook under the name of the Defendant on the same day.

(A) The Defendant asserted that the Plaintiff received KRW 75,00,000 from the Plaintiff on two occasions in cash. However, the instant contract pays KRW 140,000,000 in cash and deposits KRW 140,000 in a passbook. The Defendant’s wife G deposits KRW 140,000 in cash at around 16:15:46 on May 27, 2011. The Defendant’s wife deposits KRW 140,000,000 in cash in the account of the Bank in the name of the Defendant’s bank account (in the name of NA, the deposit was made to NA, the deposit was made to NA, and the deposit was made on May 27, 2011 to 16:05:0,000 on May 5, 201.