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(영문) 춘천지방법원영월지원 2017.07.19 2016가단2715
손해배상금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

On April 5, 2012, the Plaintiff entered into an agreement with Defendant B and Defendant B on the premise that the claim of KRW 100 million, which Defendant B had against Defendant B and Defendant B, will be invested with the funds for the operation of the E restaurant operated on the D1st floor in Thai-si. (hereinafter “instant agreement”).

The agreement and the power of attorney location: D 1st floor shopping mall (50 p.m.) above, the E representative B and the investor A shall enter into a mutual agreement as follows:

Terms of contract

(a) Investor A shall invest KRW 100 million with E business funds;

(b) E The terms and conditions for investment of KRW 100 million from investors A are as follows:

The representative of the Corporation E shall delegate the amount of the commercial lease deposit, including the facility fund (the interior and string) for the business of the D1st floor (50 square) in Taebag City D(50 square) as security for KRW 100 million, to the investor A.

The representative B of the Republic of Korea shall not transfer or take over any E business rights of another person without the permission of A.

The representative of the B B, when transferring the business right, shall be in the presence of investors A, and the B, when transferring the business right, promises to repay A's investment repayment in priority.

㉣ E 대표 B은 사업장 E에서 발생된 영업손실(부채 및 세금, B의 개인부채) 일체를 A에게 요구할 수 없다.

The value of 2.8 million won out of the monthly sales profits generated from workplace E shall be determined and paid as F's equity investment shares.

The main contents of the instant agreement are as follows.

Defendant C began to operate a restaurant from September 1, 2014 at the place where Defendant C operated.

On the other hand, Defendant B received immunity from the above court on January 18, 2016 in Chuncheon District Court 2014, 1040, and 2014Hadan1040, and the list of creditors included KRW 100 million against the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 6, 11, Eul 6, Eul 6 (including virtual numbers; hereinafter the same shall apply), the main arguments of the plaintiff's assertion as a whole, and defendant C, the agreement of this case.

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