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(영문) 부산지방법원서부지원 2020.01.15 2018가단113179

영업비 등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The Plaintiff’s assertion that Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a corporation that operates new and renewable energy business.

The Plaintiffs, around January 2017, engaged in the instant business, when Defendant D, a director of the Defendant Company, engaged in the business related to the installation of solar power generation (hereinafter referred to as “instant business”), was believed to pay KRW 100 million operating expenses to Defendant D.

As a result, the plaintiffs completed the business to build solar power generation in the E E E and Jeju City, Seopo-si, Seopo-si, 2017.

Therefore, although the plaintiffs requested the defendants to pay business expenses, the defendants refused to pay them. ① The defendants are jointly and severally liable to pay the plaintiffs a part of the agreed amount, and ② the defendants, as part of the agreed amount, to pay damages for delay thereof. ② The defendants, in preliminary, did not intend to pay the plaintiff the business expenses, let the plaintiffs operate the business as above and let the defendants settle the business expenses only between the defendants. Thus, the defendants jointly are jointly liable to pay the plaintiffs a part of the compensation for damages and the damages for delay.

2. The evidence submitted by the plaintiffs alone is insufficient to acknowledge that the Defendants agreed to pay the business expenses related to the business of this case to the plaintiffs, and that the Defendants conspired to conduct the business of this case by deceiving the plaintiffs, and there is no other evidence to acknowledge this otherwise.

Therefore, all of the plaintiffs' primary and conjunctive arguments cannot be accepted.

3. In conclusion, the plaintiffs' claim of this case is dismissed as it is without merit. It is so decided as per Disposition.