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(영문) 서울고등법원 2017.07.21 2016나2086761

손해배상(기)

Text

1. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit and the counterclaim that has been changed in exchange in this court, are incidental appeal.

Reasons

1. Basic facts

A. On May 8, 2014, the Plaintiff and C loaned KRW 60 million to F, but the Defendant provided freezing accommodation as security, but the F did not perform its obligation, thereby processing and selling freezing fireworks. The Plaintiff agreed to lease KRW 04 and KRW 05 out of the J ground buildings in Namdong-gu Incheon, Incheon. (2) On May 8, 2014, the Plaintiff completed the registration of establishment of chonsegwon for each of the above real estate to Co-Defendant C, a spouse of the Defendant, from May 8, 2014 to May 7, 2019. < Amended by Act No. 12757, May 8, 2014; Act No. 1757, May 8, 2014>

(hereinafter “Registration of the instant chonsegwon”). The said registration was to secure the obligation to return deposit money under a lease agreement concluded on May 9, 2014 as follows:

3) On May 9, 2014, C and the Plaintiff entered into a lease agreement with C on the terms that the Plaintiff leased the aforementioned No. 104 and No. 105 KRW 20 million per month, KRW 2 million per month, and the period from May 10, 2014 to May 10, 2019 (hereinafter “instant lease agreement”).

B. B. Joint business between the Plaintiff and the Defendant 1) around May 2014, the Plaintiff and the Defendant agreed to jointly operate the fireworks freezing business, etc. by utilizing D around May 2014.

2) On May 16, 2014, around the time when the Plaintiff and the Defendant entered into the said joint business, D and E entered into a contract for manufacturing and supplying rapid freezing equipment, etc. to the said company at KRW 40 million (value-added tax separate) (hereinafter “instant mechanical manufacturing contract”).

(C) The joint business between the Plaintiff and the Defendant did not proceed smoothly, and the Defendant applied for compulsory auction on the Plaintiff’s real estate to Seoul Southern District Court L on May 19, 2015, 2015.