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(영문) 서울중앙지방법원 2017.01.17 2015가합572712

손해배상(기)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The status of the parties 1) Plaintiff A is the deceased G (Death on June 30, 2013, hereinafter “the deceased”).

(2) Defendant C, D, and E are the co-inheritors of the deceased, and Defendant F is the wife of Defendant D.

B. On March 6, 2012, the Deceased’s name “H singing practice room” (hereinafter “instant singing practice room”) was named as “H singing practice room” in the name of Guro-gu Seoul High Court No. 101 and No. 212 on March 6, 2012 (hereinafter “instant singing practice room”).

A) Around July 2013, Defendant E, D, and F opened the instant singing room. Around June 26, 2013, Defendant E, D, and F agreed to pay the Plaintiffs the remainder of KRW 110,000,000,000, excluding the above investment refund, to Defendant F, prior to his death. Around June 26, 2013, Defendant F assessed the lessee’s status, facilities, and all of its businesses, including the deposit for the instant singing room’s lease, as KRW 220,000,000, and Defendant E owned 40% of the shares at the time of his singing room opening the instant singing room, but agreed to pay the Plaintiff, who is his heir, as the refund, to settle the said amount of KRW 110,00,000,000,000,000,000,000,000,000 won, excluding the above investment refund.

3) On August 15, 2013, the Plaintiffs received 110,000,000 won from Defendant D and F as the instant karaoke transfer proceeds (certificate No. 6) from Defendant D and F, and prepared and executed a receipt (certificate No. 6). Meanwhile, on June 25, 2013, Defendant F entered into a new lease agreement with the original Media Tech, which is a lessor of the instant singing book, with the lease deposit amount of KRW 60,00,000, monthly rent of KRW 600,000. On June 27, 2013, the Plaintiff changed the name of the instant singing book business operator to Defendant F and was issued a business registration certificate and a business registration certificate for singing practice room business.

C. Defendant C on July 23, 2011, Nos. 115-1, and 115-2 of the Guro-gu Seoul International Commercial Code from J on July 23, 201.