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(영문) 대구지방법원 2016.11.08 2015가단123112
손해배상(기)
Text

1. The Defendant: (a) KRW 20 million to the Plaintiffs, as well as 5% per annum from November 5, 2015 to November 8, 2016; and (b).

Reasons

1. The parties' assertion

A. On March 26, 2015, the Plaintiffs agreed with the Defendant to jointly operate the CAFE (hereinafter “DCAFE”) by investing the Plaintiff A’s KRW 50 million, B KRW 30 million, and the Defendant’s 40 million up to April 1, 2015, and agreed to pay the amount of KRW 20 million as damages and estimated damages upon termination of this agreement.

(hereinafter referred to as “instant trade agreement.” The Defendant did not pay the aforementioned KRW 40 million by April 1, 2015, and the Plaintiffs expressed their intent to terminate the instant trade agreement on or around September 2015 without paying the Plaintiffs’ continuous demand. Rather, the Defendant is obligated to pay the Plaintiffs KRW 20 million as damages stipulated in the said agreement.

B. As to the Defendant, the Defendant entrusted the Defendant’s overall management of the Plaintiff Company E, the Defendant agreed to lend KRW 40 million to the Plaintiff as demanded by the Plaintiff A on condition that the Plaintiff faithfully performed his duties. However, the Defendant asserted that the instant club business contract was prepared in the form of loan.

In addition, the defendant asserts that the plaintiff A's failure to faithfully perform the work of the corporation E is only the termination of the original loan agreement.

2. Determination as to the claim

A. The following facts can be acknowledged in full view of the descriptions of Gap evidence Nos. 1, 6, Eul evidence Nos. 7 and 8, and the results of the party examination of the plaintiff B and the purport of the whole arguments.

1) The Plaintiffs and the Defendant agreed to jointly invest and operate the instant car page on or around March 1, 2015. Each of the investments shall be transferred to the account designated by April 1, 2015, and when delay is delayed without any separate consultation, the Plaintiffs calculated the overdue interest rate and the interest shall be paid along with the interest at the time, and when the contract is terminated, the Defendant shall pay 20 million won as damages and estimated amount. 2) Under the Plaintiffs’ understanding, the Defendant shall pay 40 million won of the investment amount.

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