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(영문) 광주지방법원 2015.08.12 2015나478

손해배상(기)

Text

1. Of the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) together with the Plaintiff (Counterclaim Defendant) to KRW 1,000,000 and this shall apply.

Reasons

1. Basic facts

A. On April 6, 2013, the Plaintiff and Defendant B’s third deputy head of the Dong Business Agreement (hereinafter “E”) are the Plaintiff E (hereinafter “E”).

B) Between E and E, “F golf course” (hereinafter “F golf course”).

(1) The contract for the operation of the Deputy Commissioner of the Rural Affairs Office (hereinafter “the contract for operation of the Deputy Commissioner of the Rural Affairs”);

(2) Upon entering into a contract, the Plaintiff entered into a business agreement with Defendant B on June 25, 2013, stating that (a) the term of the contract shall be from May 1, 2013 to April 30, 2015; (b) the other party, even if one party violates the terms of the contract before the term of the contract expires, the other party, upon written notice, agreed to allow the termination of the instant contract. (b) The Plaintiff, while installing the facilities in the F golf course and operating the Sejong Vice General (hereinafter “the Vice General”), he/she entered into a business agreement (hereinafter “instant business agreement”) with Defendant B, which provides that the Plaintiff shall be paid KRW 20,000,000 from Defendant B as security deposit, and the revenues accrued from the Vice General shall be divided by half.

3) Since then, the Plaintiff received a total of KRW 15,500,000 from Defendant B as security deposit and operated the Vice General of the instant case with Defendant B on or around August 17, 2013, and terminated the said business contract. B) Defendant B demanded the Plaintiff to refund, etc. the deposit after August 17, 2013 when the business partnership with the Plaintiff was terminated. Defendant B demanded the Plaintiff to prepare a notarial deed by finding and driving away the Plaintiff every four days from August 19, 203, and Defendant C, the wife of Defendant B, was married on or around December 30, 2004, but agreed on February 23, 2007. The Defendants appears to have been de facto marital relationship around February 23, 2013.

On August 19, 2013, the plaintiff did not make a settlement by telephone in Friart on August 19, 2013.