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(영문) 서울중앙지방법원 2018.11.23 2017가합540139
손해배상(기)
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 500,000,000 for the Plaintiff and the Plaintiff’s aforementioned costs on June 24, 2017.

Reasons

1. The summary of the instant case is based on Article 12 of the Joint Business Agreement concluded with the Defendant on the ground that KRW 877,609,700, around which the Plaintiff provided services from January 2016 to June 2016 constituted a priority claim under Article 121(2) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), and as a preliminary claim, KRW 35,324,30,00 arising from the distribution claim that occurred on February 2016, constitutes a priority claim under Article 179(1)8 of the Debtor Rehabilitation Act, and KRW 820,40,400,000 arising from the distribution claim that occurred from March 2016 to June 2016 falls under each of the other claims after the commencement of the Debtor Rehabilitation and Bankruptcy Act Article 181.

2. Basic facts

A. The defendant is a company that owns and operates E golf courses located in the wife population D (hereinafter “instant golf courses”) and condominiums, etc. at the time of tolerance.

The Plaintiff is a company established on July 29, 2014 in order to jointly implement the business of introducing and operating the electric cart to the instant golf course with the Defendant (hereinafter “instant business”).

B. 1) The Plaintiff, Defendant, and F Co., Ltd. (hereinafter “F”), including the conclusion of joint business contracts

(1) On September 4, 2014, the Plaintiff’s attracting KRW 10,00,000,000,000 investment money, and input and manage it according to the progress of the instant project, and the instant golf course’s construction work, cart, cart, and parking lot work (hereinafter “electric car-related construction work”).

(2) For the instant project, the Defendant shall provide the instant golf course owned by the Defendant as its place of business, conduct the relevant design and authorization, distribute the income accrued from the instant business to the Plaintiff in accordance with Article 12 below, and

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