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(영문) 광주지방법원 2019.12.12 2019가합51487
손해배상(기)
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. Basic facts

A. On August 9, 2012, the Plaintiff entered into a marina operation contract with Defendant B (hereinafter “instant contract”) with the following terms and conditions, and among the terms and conditions of the instant contract, Defendant C and D guaranteed Defendant B’s obligation to the Plaintiff in relation to the instant contract.

Article 1 (Investment Obligations) A and B shall make a total investment of KRW 700 million in the operation of the instant marina, and the timing of investment shall be determined by Gap and Eul.

B shall receive a loan from the Credit Guarantee Fund to repay a part of the investment funds to A within the latest time after the opening of the business, and the interest thereon shall be borne by them.

Article 2 (Real Name Property) The ownership of any house and equipment, such as the deposit for store (30 million won) and the deposit for store facilities, the deposit for facility facilities (140 million won) and the deposit for facility, which will be generated in the future, under the name of Article 2 (Real Name Property), shall be A, and Eul shall not exercise any property right on the facilities, etc. for store at will.

Article 5 (Recovery of Investment Money and Distribution of Profits) B shall be effective only for five years from the date of the contract, if the contract is faithfully fulfilled. From September 10, 2012 to September 9, 2017 (Termination of Contract), the amount of KRW 30 million out of the daily operating income shall be deposited as the passbook in the name of the head of Tong for five years each month, and the first five months shall be paid in a lump sum, and the amount of KRW 150 million deposited as the CoCo Deposit shall be deposited in the amount of KRW 30 million each month from February 9, 2013 to September 9, 2017.

If B becomes a total of 1.8 billion won of the amount deposited to A with the money to recover the investment and the money to distribute profits within the contract period, A shall immediately perform the terms of the contract under Article 7 and this contract is terminated.

Article 6 (Security) A shall be paid KRW 30 million each month for five years with the amount distributed from investment proceeds and operating profits, and Eul shall have the aim to abide by the contract with Gap.

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