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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C obtained permission from the Korea Rail Network Authority on July 1, 2014 to use state property (hereinafter “instant permission”) with respect to land located in Asan City (hereinafter “instant land”) from July 1, 2014 to December 31, 2017, with respect to the period of use from July 1, 2014 to December 31, 2017, and with respect to usage fees of KRW 39,321,260, and filed an application for renewal of the instant permission to the Korea Rail Network Authority on November 16, 2017.
B. Around May 2015, the Defendant started operating a business with respect to the “Egraty” and the “Fwa Holdings” place of business located in C and the instant land (the foregoing two places of business are collectively named; hereinafter “each of the instant places of business”), but C renounced the business and operated the instant place of business independently by the Defendant.
C. On January 24, 2018, the Plaintiff entered into an agreement with the Defendant to jointly operate each of the instant workplaces (hereinafter “instant agreement”) and the main contents are as follows.
Article 2 (Subject Matter of Business)
1. The E-projected land (2,00 square meters) in the G basin in Chungcheongnam-si, Chungcheongnam-si;
2. The Financial Investment Service (1,00 square meters) in the G basin in Chungcheongnam-si, Chungcheongnam-si (The amount of investment) Article 3 (The amount of investment).
1. The plaintiff is not responsible for the lease of the incidental business of the object of business, and the contract deposit amount of KRW 200 million shall be paid to the defendant at the same time as the contract, and the investment shall be completed that is used for the revitalization of business by investing the amount of KRW 800 million in the remodeling of the
At this time, the plaintiff is obligated to pay the deposit upon the expiration of the lease period of the incidental business.
In order to implement this, the lessee shall provide the real estate to guarantee the guaranteed amount when requested.
2. The defendant shall transfer to the plaintiff 65% of the shares 100% of the shares held by the plaintiff in relation to the subject project site at the same time.
3. Until January 30, 2018, the supplier and the Plaintiff shall be liable for 50% each of the outstanding amounts of KRW 100 million by January 30, 2018 (no later than May 2018).
Article 4 (Ratio of Shares) (Standards for Total KRW 2 billion)
1. Defendant: 35% FSwale, Einc.