(영문) 서울서부지방법원 2015.09.24 2014가단225970

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(영문) 서울서부지방법원 2015.09.24 2014가단225970

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. On August 5, 2011, the Plaintiff and the Defendant agreed to operate the club business with 50% shares in each of the 50% shares in the building C101 and 102 in Sungnam-si (hereinafter “instant club business agreement”).

B. In accordance with the instant trade agreement, the Plaintiff deposited KRW 120 million in the Defendant’s account on August 5, 201, and KRW 20 million on September 12, 201, pursuant to the instant trade agreement. The Defendant, under the name of D, leased the said danran bar with a deposit of KRW 100 million, monthly rent of KRW 6.5 million, and the period from April 28, 201 to April 28, 2014. The Plaintiff and the Defendant jointly operated the said danran bar from around that time.

C. However, the Plaintiff and the Defendant set a deposit amount of KRW 50 million to E and set the period from May 5, 2012 to December 2013, and again requested E to cancel the sub-lease contract, and agreed to terminate the said dan upon the expiration of the lease term. The Defendant offered a new investor to operate the said dan solely from January 1, 2014, and the Defendant operated the said dan solely from January 1, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, 5, purport of the whole pleadings

2. The Plaintiff’s assertion and judgment that the Defendant independently operated the said dan from January 1, 2014 to April 28, 2014, and the Defendant is responsible for all expenses, such as employee fees, and profits also would be incurred by the Defendant, but when the lease contract was terminated on April 28, 2014, the Plaintiff agreed to recover the lease deposit and return the amount of KRW 39,650,00, which is 50,000, which is the amount calculated by deducting the unpaid monthly rent, to the Plaintiff, and thus, the Defendant is obligated to pay the said agreed amount to the Plaintiff. However, it is insufficient to acknowledge that there was an agreement between the Plaintiff and the Defendant on the liquidation of the business partner as above, and there is no evidence to prove otherwise.

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