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(영문) 인천지방법원부천지원 2015.11.04 2014가단39604
채무불이행
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. On October 2013, the Plaintiff asserted by the parties 1 Plaintiff sought to develop a portal site comprised of “hiven s/ real time broadcasting/ K-sccos/ various bulletin boards, etc. in connection with the games in the world,” and concluded a development and employment contract with the Defendants to enter the said site in the order of January 2014, on the condition that the Defendants would be 30% of the shares of D Co., Ltd. to be established in the future when developing the said site.

The Plaintiff paid Defendant C KRW 1,00,000 on November 22, 2013, KRW 1,000 on December 31, 2013, KRW 1,000,00 on December 31, 2013, KRW 1.5 million on August 26, 2013, KRW 3,000,00 on August 27, 2013, KRW 27,000 on November 27, 2013, and KRW 1,00,000 on March 10, 2014, and KRW 2,00,000 on March 26, 2014, KRW 1,000 on to the Defendants; and KRW 2,00,000 on April 2, 200,000 on KRW 13050,50 on March 26, 2014.

The Plaintiff, upon the request of the Defendants, paid KRW 4,030,00 on January 29, 2014; KRW 7,550,00 on March 3, 2014; KRW 7,200,00 on March 3, 2014; KRW 7,894,350 on May 1, 2014; KRW 7,642,560 on May 31, 2014; KRW 7,316,240 on June 30, 2014; and KRW 41,63,150 on June 30, 2014 upon the Defendants’ nonperformance; and the Plaintiff, upon the Defendants’ nonperformance, is obligated to pay the amount of additional human resources agreed upon as KRW 3,50,00 on August 1, 2014.

Upon the request of the Defendants, the Plaintiff: (a) leased the said company and employees accommodation building; and (b) paid KRW 7,920,000 in total, each month, from January 2014 to August 2014; and (c) paid KRW 1,50,000 in total, from March 27, 2014 to the rent for the said company’s accommodation building; (b) paid KRW 20,000 on March 28, 2014; and (50,000 on May 2, 2014; and (50,000 on June 3, 2014 to the rent for the said company’s accommodation building.

As the Defendants delayed the development of the site, the Plaintiff requested another company to develop part of the site. Accordingly, the Plaintiff requested the F company to develop the site: ① April 29, 2014, KRW 1,000,000, and May 2014.

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