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(영문) 서울동부지방법원 2018.02.21 2017가합1019

손해배상(기)

Text

1. The Defendant’s KRW 143,00,000 for the Plaintiff and the following: 6% per annum from January 20, 2016 to February 21, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the business of manufacturing and processing rice tea, etc., and is an incorporated association C (hereinafter referred to as the “ Commemorative Association”) on September 4, 2014, which is established and operated by both the Commemorative Association and the Defendant.

The following terms of investment agreements were concluded:

The Commemorative Association shall establish and lease to the Plaintiff rice farm factories on the 4,125 square meters (hereinafter referred to as “instant factory site”) among the 8,505 square meters of land in the wife population D, which is the Defendant-owned land.

The plaintiff shall install automation machinery, etc. for the manufacture of rice tea, etc. in a newly constructed factory, and shall pay rent, etc. to the Commemorative Association after the completion of the factory.

B. Accordingly, on October 15, 2014, the original Defendant concluded a lease agreement with the Defendant on the lease of the instant factory site and the lower-class factory.

C. On December 22, 2014, the Defendant added “food manufacturing business” as an objective business, and obtained permission for the construction of the said factory on July 21, 2015.

Form of Agreement on the Construction and Operation of Rice Factories

1. The defendant sharing factory construction and facility investment: the plaintiff of HACC facilities: Production automation facilities, and the defendant, if necessary, shall guarantee after-sales;

2. Preparation of a certificate of borrowing and a certificate of borrowing for factory construction, and for the HACCP facility cost.

Creditors: The amount borrowed by the Plaintiff: The due date of borrowing the funds required for the construction of a factory and the HACC facilities: The due date of the commencement of the construction of a factory: The interest rate of five years from the date of borrowing: the amount calculated at the rate determined in consultation on a monthly basis

Repayment of principal: Redemption shall be made in installments as follows:

(hereinafter referred to as "not more than 50

3. The Plaintiff shall pay a certain amount of the operating income every month to the Defendant regardless of the business performance.

(hereinafter referred to as "not more than 50

D. On November 19, 2015, the original Defendant entered into an agreement on the construction and operation of rice mills (hereinafter “instant agreement”) with the following details, specifying the business contents.

E. The Plaintiff’s automation of the production of rice tea pursuant to the instant agreement.