(영문) 서울북부지방법원 2019.06.19 2018가합26325

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(영문) 서울북부지방법원 2019.06.19 2018가합26325

약정금

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1. The defendant shall pay KRW 59,744,692 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. C (hereinafter referred to as “C”) around December 2009, determined as a successful bidder in the bidding procedure for the permission to use and benefit from the F Center in Seoul, Jung-gu D (hereinafter referred to as the “instant center”), and obtained the permission to use and benefit from the instant center from the head of E elementary school. On or around December 2015, the instant center was re-determined as a successful bidder in the bidding procedure for the permission to use and benefit from the instant center, and obtained the permission to use and benefit from the head of E elementary school (from February 1, 2016 to January 31, 2019) from the head of E elementary school.

According to such permission of use and benefit, C has continued to be re-entrusted to third parties from February 1, 2010.

B. On June 20, 2012, the Plaintiff and G agreed to operate the instant center as a partnership business from July 1, 2012, with a right to operate 50% equity shares. However, the Plaintiff and G concluded a contract under which the Plaintiff would operate the instant center and not participate in the Plaintiff’s operation, and the Plaintiff would pay KRW 5 million per month to G in return (hereinafter “instant first operating contract”).

C. In operating the instant center in accordance with the instant first operating agreement, the Plaintiff paid KRW 69,135,350 to G several times from August 10, 2012 to November 10, 2014.

G around July 2016, around 2016, transferred 50% of the operating rights of the instant center to the Defendant.

E. On July 18, 2016, the Plaintiff and the Defendant concluded the instant center operation agreement (hereinafter “instant secondary operation agreement”) with the following content:

- Rights to the Center of this case - Shares in the Center of this case shall begin to be KRW 300 million.

The plaintiff and the defendant own 5:5 shares and begin to be a common investor.

However, during the operation of the center of this case, the defendant cannot request (funds, loans, and all operations) of the center of this case.

The plaintiff shall participate in all of the operation and involvement of the center of this case.

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