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(영문) 서울중앙지방법원 2018.09.05 2017가합25647

합의금 청구 등

Text

1. The Plaintiff:

A. Defendant B’s KRW 450,000,000 and interest rate of KRW 15% per annum from September 6, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On Nov. 14, 2008, the Plaintiff entered into a lease agreement with the Defendants on the premise that Defendant B rents a part of the d and 44 lots from Guri-si for the establishment and operation of a golf driving range, and the Plaintiff paid the Defendant B a work subsidy for the above work support. Defendant C entered into a work agreement on the establishment of a golf driving range (hereinafter “instant work agreement”) with the purport that the duty to return the already paid work subsidy is jointly and severally guaranteed when the work agreement is terminated due to Defendant B’s negligence. The main contents are as follows.

(The purpose of this Convention is to establish and operate a driving range according to conditional rental agreements with the Gugri-si and a part of a set of 44 lots of land in Gugri-si. The purpose of this Convention is to set up and operate a driving range according to Article 1 (1) of the Business Convention.

Article 3 (Duties to be Observed by Eul)

1. Concluding a old-si and a rental contract for the installation of a golf driving range on the premise of a part of the uniforms for D and 44 parcels in old-si;

2. Business affairs concerning consultation and interference with the relevant departments referred to in the above paragraph (1).

3. Business of concluding the lease contract with Guri-si and E-dong basin with Gap or a person designated by Gap. Article 4 (Duties of Gap)

1. A shall be paid to B a KRW 300,000,000;

2. A shall pay to B the amount of KRW 10 billion on November 14, 2008, the amount of KRW 100 billion on December 16, 2008, the amount of KRW 100 billion on the same year, and the time of payment of the remaining amount of KRW 100,000 shall be paid at the same time as the conclusion of a contract with the old market.

3. In the event of expenses to be specially paid out of the above 2 above, A shall be paid after consultation with A and B.

Article 5 (Validity Term)

1. The term of validity of this Convention shall be from the date of conclusion of the contract to the end of July 2009, and may be determined separately under the agreement between A and B.

2.This Convention shall enter into force on the date of its conclusion.

Article 6 (Termination) A or B shall be defaulted, etc.