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(영문) 서울남부지방법원 2013.11.05 2013가합4020
물품대금
Text

1. The primary Defendant B is to pay KRW 104,900,000 to the Plaintiff (Counterclaim Defendant) and to the date of full payment from November 6, 2013.

Reasons

1. Facts of recognition;

A. The status of the party (1) Defendant B is the leakage of Defendant C.

(2) The Plaintiff was a lessee of Ma, Co., Ltd. in the “D” (hereinafter “instant Et”) operated by the Defendants as a business.

B. Around December 2011, the Defendants agreed to operate a marina (1) in the name of Defendant B, on the following grounds: (a) around December 201, the Defendants leased a part of the 1st floor of the 3rd floor building (hereinafter “instant building”) on the land outside Gangseo-gu Seoul, Gangseo-gu, Seoul and the third floor of the 3rd floor building (hereinafter “instant building”); (b) on the other hand, the Defendants agreed to operate a marina including business registration, etc. in the name of Defendant B.

On January 13, 2012, the Defendants registered the business under Defendant B’s name as “D”.

(2) On February 15, 2012, the Defendants entered into a sub-lease agreement with a subcontractor on the condition that the part of the first floor of the instant building was set as a deposit of KRW 100 million, monthly rent of KRW 11 million, and the sublease period from February 15, 2012 to June 27, 2013.

The 100 million won of the sub-lease deposit was shared by Defendant B, and the 16 million won by Defendant C, respectively.

(3) After starting the operation of the instant marina, the Defendants opened an account (Account Number:F) in the name of Defendant B to manage revenues and expenditures from the operation of the instant marina.

Defendant B delivered the passbook of the said account (hereinafter “instant passbook”) and his seal to Defendant C.

(4) Defendant C, who mainly takes charge of the operation of the instant marina, managed the instant passbook issued by Defendant B as above, and Defendant B performed work at the camping gate of the instant marina, or prepared for the meals of employees.

C. (1) On September 1, 2012, the Plaintiff entered into a lease agreement on Maart’s Maart from Defendant B to June 31, 2013, setting the deposit amount of KRW 100 million, monthly rent of KRW 4 million, and the lease period from September 1, 2012 to June 31, 2013.

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