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(영문) 서울중앙지방법원 2019.12.19 2018가단47777
손해배상(기)
Text

1. Defendant E Co., Ltd.: (a) KRW 6.120,00 and the Plaintiff’s 5% per annum from August 11, 2019 to December 19, 2019.

Reasons

1. The fact of recognition ① Defendant Company is a company engaged in the production and development of self-markets and game instruments. The remainder of the Defendants are South Korea, Defendant C is from September 17, 2104 to December 30, 2016, Defendant D is a representative director from December 30, 2016 to November 16, 2017. Defendant B is serving as the representative director of the Defendant Company from November 16, 2017 to November 16, 2017.

② On March 21, 2016, the Plaintiff purchased 13.2 million won of a vending machine, which was extracted from the name of “Grash,” from March 21, 2016, and entered into a contract under which the Defendant company entrusted its operation for five years from the date of installation (on June 10, 2016), and receive 30% of sales other than value-added tax as profits (hereinafter “one-line vending contract”). At first, the Plaintiff entered into a contract for the purchase of a string machine, such as dog, but the Plaintiff was removed from the 25% of sales on the ground that the Plaintiff was low. In addition, on April 25, 2016, the Plaintiff purchased 13.2 million won of a vending machine from the same type of vending machine from the date of installation (on May 9, 2016), and entered into a contract for the entrusted operation (hereinafter “25% of sales”).

However, in the second self-employed contract, when the period of entrusted operation expires, the ownership of the second self-employed machine shall be attributed to the defendant company again, and instead, the defendant company shall pay the plaintiff in installments over 20 times every three months from May 10, 2016 to 540,000 won as premium.

③ The Plaintiff paid a total of KRW 26.4 million to the Defendant Company as the purchase price for the key machine Nos. 1 and 2.

④ The Defendant Company paid only KRW 89,960,00 in total, from July 2016 to June 2017, and only KRW 1,775,629 in total, from August 2016 to June 2017 to June 2017 to the Plaintiff with respect to the instant machine.

On the other hand, the premium agreement No. 2 is in accordance with the premium agreement.

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