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(영문) 서울중앙지방법원 2016.09.23 2015가단5355731
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) D shall invest KRW 2.5 billion in the original and the Defendant and E around the second half of 2006, respectively, and shall be a stock company C (at the time of representative director D; hereinafter “instant hotel”).

(2) On May 28, 2007, the Plaintiff agreed to withdraw the said investment with the Defendant, etc., and prepared and issued a certificate to the effect that the instant hotel will return it to the Plaintiff on May 23, 2008. Around November 23, 2009, the Plaintiff returned KRW 60 million to the Plaintiff.

3 On February 16, 201, the hotel of this case prepared and delivered to the Plaintiff a letter of performance as follows:

190,00,00 won and damages for delay therefrom are assigned to the hotel's house and fixtures at any time at the time of the Plaintiff's request to set the total price of the house and fixtures of the hotel of this case at KRW 190,00,000, in lieu of the payment of the debt payable. The details of the house and fixtures of the hotel of this case are to deliver the house and fixtures of the hotel of this case at any time: Hesky bruping, bet, bet, bet, bet, bet, traw, cooling, cooling, cooling, cooling, TV, etc., and the table of the hotel shop of this case, chairs, chairs, audio-electronic, coffee, coffee, coffee, tea, wrewning, computer, wallet, air-conditioning, locker, locker, wresh, wresh, wret, wresh, various kinds of house and fixtures, wrefry, wresh, wresh, wresh, wretling, etc.

B. On March 17, 2007, the Defendant entered into a contract for the design of the hotel of this case with the hotel of this case with the service charge of KRW 2 billion (excluding value-added tax). 2) Although the Defendant delivered the design drawings of this case to the hotel of this case, the hotel of this case is out of the service charge.

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