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(영문) 서울고등법원 2017.12.05 2017나2012071

손해배상(기)

Text

1. The plaintiffs' appeal and the selective claims added in the trial are all dismissed.

2. After filing an appeal.

Reasons

1. Basic facts

A. 1) The Plaintiff A is the deceased G (Death on June 30, 2013, hereinafter “the deceased”).

(2) The co-defendant D and E are the co-defendants of the deceased, and the co-defendants of the first instance court, and the co-defendant F are co-defendants of the first instance court.

B. On March 6, 2012, the Deceased’s account settlement 1) The Deceased’s name “H singing practice room” in the name of “H singing practice room” in Article 101 and 212 of the Guro-gu Seoul Metropolitan Government I Commercial Building Act (hereinafter “instant singing practice room”).

(2) On July 2013, 2013, the deceased’s co-defendant E, D, and F agreed to pay 110,000,000,000 won out of the above transfer price to the co-defendant E of the first instance court, who invested KRW 123,00,00,000 at the time of the instant singing-sing business, to settle the accounts by paying 120,00,000,000 out of the above transfer price to the Plaintiffs, the heir of the deceased, and on June 26, 2013, the deceased assessed the lessee’s status, including the lease deposit in the singing-sing room, and transferred all of the facilities and businesses to the above F as KRW 220,00,000,000,000,000,000 of the transfer price, the remaining transfer price excluding the above transfer price to the Defendant E of the first instance court.

3) On August 15, 2013, the Plaintiffs received 110,00,000 won from Co-Defendant D and F of the first instance trial, as the instant singing transfer proceeds, from KRW 110,00,00,000 (Evidence A6) and entered into a new lease contract with the original Media Tech Co-Defendant F of the first instance trial on June 25, 2013, by setting the lease deposit amount as KRW 60,000,000 and monthly rent as KRW 6,00,00,000. On June 27, 2013, the Plaintiff changed the name of the said singing transferer to F and was issued a business registration certificate and a karaoke machine business registration certificate.

C. On July 23, 2011, the Defendant, one of the process of opening and operating the Defendant’s head office, is the Seoul Guro-gu I commercial building.