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(영문) 서울북부지방법원 2016.07.06 2015가합3482
약정금
Text

1. The defendant shall pay to the plaintiff KRW 235,250,000 as well as 5% per annum from October 28, 2004 to July 6, 2016.

Reasons

1. Basic facts

A. On June 2004, the Defendant agreed with C to accept the right to operate a hotel located in the Vietnamese City from D, Ho-si, Ho-si, and caused C to remit the investment amount of at least KRW 500,000 to D.

B. On October 28, 2004, the Plaintiff entered into an agreement with the Defendant as follows (hereinafter “instant agreement”). On the same day, the Plaintiff paid USD 120 million to the Defendant and USD 100,000 to the Defendant.

Party A (Defendant) and Party B (Plaintiff) agree to transfer to Party B a casino and slot machine business license (hereinafter “instant business”) under the responsibility of Party A (hereinafter “instant business”) within the E hotel located in the Vietnamese City, where Party A actually owns the ownership of the said hotel (a hotel is owned by Party A) and the right to own or lease the said hotel.

- - The following:

1. The sum of 2.4 billion won per day, including expenses, etc. incurred in obtaining permission to operate a casino and slot machine, shall be paid to Eul, and Gap shall acquire and transfer the said permission to Eul by January 31, 2005.

2. After obtaining permission for business, facilities and operation systems necessary for business shall be established at the expense of Section B under the authority and responsibility of Section B.

However, A shall take necessary measures, such as the provision of a sufficient place, to ensure smooth operation of B, and shall cooperate in moving the rent, etc. to other facilities when it is difficult to conduct business due to the area reduction, etc. of the size of the rent, etc. after consultation with A and B, and the rent, etc. paid on the side of the Government of Vietnam shall be adjusted according to the ratio of size to the area reduction, etc.

3.At the time of establishment of an operating corporation (a separate operating entity inside) for the above business under the responsibilities and control of B after obtaining a business license, B shall allocate a certain share to A on the basis of the actual investment amount.

4. If the above agreement does not carry out, the costs of this agreement shall be promptly paid.

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