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(영문) 청주지방법원 2017.09.01 2016가합23738
손해배상
Text

1. Defendant B and C shall jointly and severally serve as KRW 280,000,000 for the Plaintiff and as a result, from October 20, 2016 to September 1, 2017.

Reasons

1. Basic facts: (a) On January 13, 2014, the Plaintiff, Defendant B, and Defendant C agreed on the operation of “F funeral home” (hereinafter “instant funeral home”) located in Seocheon-si, Inc. (hereinafter “instant funeral home”) as follows.

Article 1 (Purpose) Defendant B has 100% of the funeral hall operating right, and Defendant B transfers 49% of its own 100% of its shares to the Plaintiff and clarify the operating conditions, profit distribution, etc. in joint operation with the Plaintiff.

Article 3 (Conditions of Business and Prohibition of Transfer of Security Money) The plaintiff concludes a contract and pays 300 million won as security deposit, and (hereinafter referred to as "fixive security") the defendant C's wife as security for the security of the security deposit paid by the plaintiff under Article 4 (Security Deposit) shall stand

Article 5 (Period of Operation) Partnership Agreement shall be for five years from the date of conclusion of the contract, and may be extended after consultation thereafter.

All profits generated in connection with the operation of the funeral hall under Article 7 (Distribution of Profits) shall be distributed to the defendant B to 51% and the plaintiff to 49%.

(hereinafter referred to as "Omission") Upon the termination of a contract under Article 9 (Restoration due to the Termination of the period of operation), Defendant B shall immediately pay KRW 300 million received from the Plaintiff.

② From January 11, 2014 to March 27, 2014, the Plaintiff paid KRW 280 million out of the deposit amount of KRW 300 million as stipulated in the instant contract to Defendant B.

③ On October 20, 2016, Defendant B was sentenced to imprisonment with prison labor for fraud by Cheongju District Court 2015No1493, and the judgment dismissing Defendant B’s appeal was finalized on January 12, 2017 by Supreme Court Decision 2016Do17575.

(hereinafter referred to as the "criminal judgment of this case". The criminal facts of Defendant B are as shown in the attached Form, and the summary is as follows: "Defendant B, despite the difficulty that Defendant B had to operate the funeral hall of this case because Defendant B actually owned the funeral hall of this case, entered into the contract of this case by deceiving the Plaintiff, and acquired it by deceiving KRW 280 million."

【Reasons for Recognition:

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