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(영문) 창원지방법원진주지원 2017.06.13 2015가단36200

약정금

Text

1. The Plaintiff:

A. Defendant B shall be KRW 74,100,000 and the interest rate of KRW 15% per annum from July 27, 2016 to the date of full payment.

Reasons

1. Claim against Defendant C

A. The Plaintiff’s basic facts 1) around December 28, 2012, to Defendant B (hereinafter “instant golf practice range”).

(1) A golf-based non-fol and a golf-based fol (hereinafter referred to as “instant machine”) to be used in

(1) KRW 90,000,000 (hereinafter “instant loan”) with the purchase cost

(2) The Plaintiff shall be paid KRW 4,00,000 each month between Defendant B and Defendant B for two years, and the agreement to transfer the rights to the said machinery to the Plaintiff after two years (hereinafter “instant transfer agreement”).

(2) On December 31, 2014, Defendant C drafted a partnership agreement with Defendant B (hereinafter “instant partnership agreement”) with the following content:

(However, since the name of the business operator of the instant golf driving range is Defendant C and Defendant B’s mother, the agreement on the termination of the said business also includes Defendant C and E as a party. Article 1: E and Defendant C intend to terminate the joint business from December 31, 2014.

Article 2:The assets and liabilities related to joint projects at the time of the termination of the business shall be comprehensively transferred by E to Defendant C.

Article 3:Payment of Taxes and Public Charges related to joint projects before and after the date of termination of the business, and related tax returns shall be borne by Defendant C who comprehensively acquired the business.

Article 4:In return for comprehensive transfer and takeover in connection with the termination of the business, Defendant C shall pay KRW 90,000,000 to E until December 31, 2014.

3) From January 28, 2013 to February 17, 2015, the Plaintiff received total of KRW 79,500,000 from the Defendants as the repayment order for the instant loan. The Plaintiff did not dispute over the grounds for recognition, and the purport of the entire pleadings.

B. On December 31, 2014, Defendant C, who asserted by the parties, terminated the instant business agreement with Defendant B with respect to the instant golf practice range, thereby acquiring the obligation to the said golf practice range. Therefore, Defendant B, as such.