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(영문) 서울남부지방법원 2015.09.10 2015가합101864
손해배상(기)
Text

1. The Defendant: (a) KRW 203,94,489 for the Plaintiff and KRW 5% per annum from October 16, 2014 to March 11, 2015 for the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company running a business of cooking in Korea and abroad, and Cinc (C insc and hereinafter “C”) as a local corporation of the Philippines.

2) The project to build a Riart in the area of the Philippines Plux D (hereinafter referred to as the “instant project”).

2) The Defendant primarily engaged in the business of arranging overseas travel and providing related services, etc., and E Group (E Group Inc. hereinafter “E”) was a corporation incorporated by the Defendant’s representative F in the Republic of the Philippines, which is a corporation established in the Republic of Korea by the Defendant’s local government.

3) On May 7, 2010, C through the intermediation of the Defendant et al., is the executive body of the Republic of the Philippines government for the purpose of creating a self-supporting tourism, industry, commerce, finance, and investment-oriented city, creating an employment-oriented tourism, industry, commercial, and investment-oriented city (hereinafter referred to as “SBMA”).

between the State and the State, the State, the State, the State, the State, the State, the State, the State, or the State, the State, the State, the State, the State, the State, the State, the State,

4) Meanwhile, on December 3, 2009, prior to the conclusion of the instant lease agreement, the Plaintiff and the Defendant concluded a business agreement with the effect that “in the event that the instant lease agreement is concluded, the Defendant shall pay USD 1,500,000 (which means the United States dollars separate from value-added tax; hereinafter the same shall apply) to the Plaintiff as remuneration” (hereinafter the “instant business agreement”).

B. On February 17, 2012, the Defendant applied for provisional attachment of credit card sales claims against the third obligor non-credit card companies, etc. with the amount claimed as KRW 1,851,300,000, in order to preserve the claim for remuneration based on the instant business agreement, and filed an application for provisional attachment of credit card sales claims against the third obligor non-credit card companies, etc. on March 8, 2012.

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