(영문) 서울동부지방법원 2018.03.22 2017가합103007

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(영문) 서울동부지방법원 2018.03.22 2017가합103007

영업자지위확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 22, 2016, the Defendant and F entered into a sales contract for commercial buildings with the content that the Defendant acquired the instant letter (referring to all business rights, equipment, buildings, etc.) from F from F in the amount of three billion won.

1. The Plaintiff agreed to enter into a sales contract with F for the purchase of the instant letter of gift with F. The amount invested by the Defendant to KRW 55 million, which was paid as down payment on June 10, 2016, and paid to F as down payment. Moreover, due to the shortage of balance, the Plaintiff agreed to receive an investment of KRW 445 million from the Defendant.

2. The plaintiff shall execute the registration procedure for transfer of ownership to a person designated by the defendant when the defendant makes an investment as described in the above paragraph 1, and the plaintiff agrees to pay the investment amount directly to F when all the documents in the registration procedure for transfer of ownership are completed.

3. Until the Defendant pays the full amount of the invested amount and the obligations (provisional registration related to the real estate Jin-gun in Chungcheongnam-gun), the Defendant shall participate in and manage the said management.

4. The Plaintiff shall pay to the Defendant the sum of KRW 50 million for principal 50 million for investment and investment dividends of KRW 150 million until October 30, 2016.

(F) The Plaintiff, as a result of the Plaintiff’s operation of the instant friendship, promised to pay to the Defendant the amount to the Defendant, regardless of the occurrence of loss or profit or loss. 7. The Plaintiff shall preferentially pay to the Defendant the full amount received when the amount of other revenue (such as service charges, security deposit, etc.) is incurred due to the Plaintiff’s offer or lease of the instant friendship or services before and after the opening of the business.

8. The Plaintiff shall make every effort to implement a loan by taking the instant letter of interest as security for the repayment of debts and succession to debts, and shall pay in cash 200 million won to the Defendant by December 30, 2016, if the loan is not available.

9. The Plaintiff and the Defendant shall jointly manage and operate the instant friendship and its operation.

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