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(영문) 서울중앙지방법원 2017.12.21 2016가합535383

영업허가 변경절차 이행등

Text

1. The Defendant shall pay the Plaintiff KRW 385,677,090 and the interest rate of KRW 15% per annum from November 1, 2016 to the date of full payment.

Reasons

The Plaintiffs for fact-finding closed an entertainment drinking club operated in Gangnam-gu Seoul Metropolitan Government D and operated an entertainment drinking club at the same place, and on August 26, 2014, the Defendant and the Plaintiffs provided a place and bear various operating expenses after performing studio-scambling. The Defendant entered into a contract with the head of marina and employees to divide profits after conducting business in the studio-scambling and the above studio-scambling (hereinafter “instant business agreement”).

The Plaintiffs borrowed money from the Defendant on several occasions, when there was a shortage of funds necessary for opening business, such as the test cost.

Plaintiff

On November 24, 2014, A entered into a contract with the Defendant to transfer the right to the business of studal harassment in this case to the Defendant (hereinafter “instant security transfer agreement”) in order to secure the obligation of the said loan.

The main contents are as follows:

2. A (the defendant is referred to as "A") shall lend a total of KRW 323,725,00 to B (the plaintiff is referred to as "A"), the repayment date shall be five months from the opening date of business ( November 10, 2014) and the above borrowed money shall be repaid until six months have elapsed.

B shall pay interest and bareboat profit to A.

Of the borrowed money, KRW 200 million shall be the bareboat deposit, and the remainder of the borrowed money shall be interest in two copies per month.

(B) Of 323,725,000 won, 140,000 won out of 323,725,000 won, 20 million won per month shall be paid monthly.

(This part has been written in hand)

5. B must pay the above amount to A at the lapse of five months, and if the payment is not made, the studio of this case will be sold and repaid. If the payment is not made because of the failure to sell it, A’s contract concluded with B on August 26, 2014, which was concluded with B, shall be reversed, and A’s business shall be limited to rent and paper rent and run.

However, the repayment period of one month shall be the period of business operation, and the priority shall be given to the sale and purchase of the studio scam of this case.