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(영문) 부산지방법원동부지원 2019.05.16 2016가합904

손해배상(기)

Text

1. Defendant C’s KRW 190,000,000 as well as 5% per annum from August 31, 2016 to May 16, 2019.

Reasons

1. Facts of recognition;

A. On December 2015, Defendant C leased D apartment, E, F, and two rooms in Busan-gu, Busan-gu around December 2015, and thereafter, Defendant C concluded a contract for the transfer of rights with the parties (hereinafter “instant E”) with each other, “G” from around that time (hereinafter “instant E”)

(2) Around June 10, 2016, the Plaintiff entered into a contract on the transfer of the right (hereinafter “instant contract”) with Defendant C to acquire KRW 185,00,000 premium for the instant marina business facilities from Defendant C who borrowed the name of Defendant B through the consulting of H Co., Ltd. around June 10, 2016, and Defendant C paid KRW 20,000,000 on June 10, 2016, according to the instant contract, the Plaintiff paid KRW 15,00,000,000 for the same month and KRW 185,00,000 for the instant business facilities.

2) In addition, on June 28, 2016, the Plaintiff concluded a lease agreement with 30,000,000 won of the lease deposit, monthly rent of 3,300,000 won (including value-added tax), and from July 1, 2016 to June 30, 2019, and thereafter paid 30,000,000 won of the above lease deposit to I Co., Ltd. around that time. On July 1, 2016, the Plaintiff paid 30,000,000 won of the lease deposit to 30,00,000,000, 3,000,000 won of the monthly rent of 3,00,000, and 3,000,000,000 won of the above commercial building from July 10, 2016 to 30,7, 2016, and 30,000,00 of the lease agreement.

B. Defendant C, which became final and conclusive of the criminal judgment against Defendant C, is more than the number of articles not actually sold or the number of articles actually sold while operating the instant marina.