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(영문) 서울중앙지방법원 2016.11.22 2015가단5376349

양수금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 150,000,000 won and the period from December 12, 2015 to November 22, 2016.

Reasons

1. Facts of recognition;

A. The Intervenor joining the Plaintiff and E’s hotel lease and operation, etc. 1) The Intervenor joining the Plaintiff (mutual name at the time: F. hereinafter “ Intervenor”) is deemed to be the Intervenor.

(2) On July 7, 2010, Pyeongtaek-si G amusement parks and 3,081 square meters, their underground floors, and tourist accommodation facilities (hereinafter “instant hotel”) with 10 square meters above the ground.

(6) The hotel of this case and its site were owned by another company operated by E, the actual operator of the intervenor, but in the auction procedure, the Korea Savings Bank was purchased at the auction procedure.

However, in the auction procedure, 5 persons, including H, claimed construction cost claims for the installation of hotel facilities, and exercised the right of retention for the hotel of this case, and reported the right of retention to the auction court around November 2005 (B 5), and E acquired all the right of retention from 5 persons, including I around March 2009.

(b) 7-1.2

J Co., Ltd. and the Intervenor for the conclusion of joint agreement and the rescission of such agreement entered into a joint agreement with the J Co., Ltd. on April 28, 2011, and the Intervenor entered into a joint agreement with K Co., Ltd. (hereinafter “J”) with the Intervenor to pay KRW 2.5 billion to the Intervenor the amount of the joint agreement, such as construction costs and the cost of maintaining lien, and the cost of acquiring shares, and to jointly operate the hotel of this case that the Intervenor operated.

(A11) On December 31, 2012, the J and the Intervenor rescinded the agreement on the said joint project agreement, and the Intervenor paid 700 million won as the refund of the termination of the contract to J and agreed to pay immediately the remainder of 650 million won by issuing a bill and notarized the bill.

(1) Accordingly, on September 3, 2015, the intervenor drafted to J a promissory note No. 500 million won in face value.

(A)(c)

Defendants, shares, and management rights.