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(영문) 청주지방법원 2014.07.02 2013가단21918
약정금
Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On October 18, 2009, Defendant B (hereinafter “Defendant B”) leased a golf range on the fourth and fifth fifth floor of the Cheongju-si G H sports center on the ground of Cheongju-gu G (hereinafter “the instant golf range”) from Defendant B (hereinafter “Defendant B”) as its wife, with the lease term of three years from October 18, 2009, the lease deposit of KRW 50 million, and the monthly rent of KRW 8 million (excluding value-added tax) with I and J, and jointly and severally guaranteed the above contractual obligations of F.

B. E, on August 2, 2011, with the name of F, sub-leaseed a part of the instant golf driving range from August 25, 2011 to October 18, 2012, 2000 won as the sublease deposit and monthly rent of KRW 3.5 million.

C. On June 17, 2012, Defendant C entered into a contract for the transfer of business (hereinafter “instant contract for the transfer of business”) with the content that Defendant C would take over the instant golf practice range from F in the amount of KRW 170 million between E and E on behalf of F on June 17, 2012.

On September 7, 2012, F, E, and Defendant C have written a balance confirmation that the remainder of the premium shall be paid to F and E at the same time as the instant golf driving range is transferred to F and E, after deducting KRW 130,852,912 from the total debt acquired by C, such as the premium already paid and the sublease deposit, among the premium of KRW 170,000,000,000,000,000.

Meanwhile, on September 13, 2012, Defendant D, his wife, prepared a loan certificate under Defendant C’s name (hereinafter “the loan certificate of this case”) with the purport that “I, upon the request of the E, pay to the National Assembly President the balance of KRW 39,147,088, out of the premium for business transfer, would permit the possession of the place of business and pay the amount of KRW 30,000,000 by October 15, 201.”

After that, Defendant D stated “LA” on the loan certificate of this case at the request of the Plaintiff, who is the E’s punishment.

【Ground for recognition” has no dispute, Gap 1 evidence, Gap .

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