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(영문) 서울남부지방법원 2015.06.26 2015가합102300
임대료 등
Text

1. The Defendant’s KRW 347,081,983 as well as 5% per annum from February 14, 2015 to June 26, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 20, 201, the Plaintiff: (a) decided on October 15, 201 to December 30, 201, the lease term of the land in Hamyeong-gun, Hamyeong-gun and its ground breeding facilities; and (b) leased rent of KRW 65,000,000 per annum (payment on October 20, 201).

(hereinafter “instant lease agreement”). B.

On October 10, 2011, the Plaintiff and the Defendant concluded an investment contract with respect to the instant breeding facility by setting the contract term from October 15, 201 to December 30, 2016.

(2) Under the instant lease agreement, the Plaintiff invested KRW 135,00,000 in 1 year portion (from October 15, 201 to October 14, 2012) of the instant lease agreement and KRW 135,000 in 70,000,00 in 135,000,00 in 135,00 in c. under the instant lease agreement. Under the instant lease agreement, the Plaintiff paid KRW 65,00,00 in c., and the Defendant performed the instant breeding business at the instant breeding facility; the Plaintiff paid KRW 185,00,000 in c., each year for 5 years in relation to whether the Plaintiff received profit from the breeding business; and the Plaintiff paid KRW 185,00,00 in c., June 2, 209, as at the end of December 14, 209, the Plaintiff did not perform its obligation to compensate for damages to the other party.

C. Under the instant investment contract, the original Defendant made an agreement on the settlement of the investment proceeds that the Defendant is obligated to pay to the Plaintiff in 2013. ① As to the Defendant’s debt of KRW 35,000,000 for the Defendant’s debt of KRW 35,000 for the Defendant’s joint and several sureties, the Defendant shall reimburse the Plaintiff’s joint and several sureties by paying KRW 35,000 to E until October 25, 2013. ② The Defendant shall determine the amount of investment profits that the Defendant pays to the Plaintiff as KRW 101,525,543, and the Defendant shall pay the Plaintiff the amount of investment profits as KRW 101,525,543 on February 28, 2014. The Defendant shall each pay the Plaintiff KRW 20,00,000 for each of the 30,525,543 on April 30, 2014.

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