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(영문) 서울북부지방법원 2016.07.20 2015가합21060
손해배상(기)
Text

1. Defendant C’s KRW 59,891,687 and KRW 50,00,00 among the Plaintiff A’s KRW 59,891,687 and the Plaintiff’s amount from April 11, 2014.

Reasons

1. Basic facts

A. On September 27, 2005, Defendant B entered into a contract for the transfer of business between Defendant B and D to transfer all of the assets related to the business (hereinafter “instant driving range”) located in G H in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant driving range”) held by Defendant B (hereinafter “instant driving range”) with D Co., Ltd. on September 27, 2005, to KRW 6 billion. However, the agreement was reached between D Co., Ltd. and D Co., Ltd on July 12, 2006 on the transfer of the assets to implement the date of full payment of the acquisition amount. However, the time limit for the payment of the unpaid transfer amount between D Co., Ltd. and D Co., Ltd. on July 30, 2006 was postponed immediately, but if D Co., Ltd. transfers the instant business to D Co., Ltd., Ltd., and fails to pay the remainder by the said payment deadline, it received the pertinent profits from D Co., Ltd.

B. On June 1, 2007, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) leased a screen golf course on the second floor of the instant golf driving range from D Company to June 31, 2012, with a lease deposit amount of KRW 50 million from June 1, 2007, from June 1, 2007 to May 31, 2012.

(hereinafter “instant lease agreement”). Plaintiff A acquired the claim amounting to KRW 50 million against the D Company of I in lieu of the payment of the lease deposit.

C. Plaintiff L&C case and D company 1) Plaintiff L&C case (hereinafter “Plaintiff L&C case”)

(2) On August 9, 2006, the Company provides the D Company with comprehensive consulting services, such as providing various know-hows, such as operation, public relations, remodeling works, and membership sales with D Company, and in return for the supply of consulting services to be paid KRW 10 million per month from D Company (hereinafter “instant consulting contract”).

(b).

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