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(영문) 수원지방법원 성남지원 2018.05.15 2016가합512
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant, the appointed party)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Defendant is the building indicated in the separate sheet from January 2012 to November 201 of the same year (hereinafter “instant building”).

2) The term “HNA club” located in the area (hereinafter “instant sports club”).

(2) The Plaintiff and the designated parties (hereinafter “Plaintiffs, etc.”) are investors of the said nive club. The Plaintiff and the designated parties (hereinafter “Plaintiffs, etc.”) are the investors of the said nive club.

B. Investment details 1) In order to operate the instant club, at least KRW 80 million for lease deposit, KRW 1.1 billion for premium was required, and the Defendant received an investment in part of the above funds from the Plaintiff, etc., and the specific investment funds of investors including the Plaintiff, etc. and their share ratios are as follows.

In addition to the persons listed in the following table, I, J, K, L, M, N,O, P, Q, and R are deemed to have made an additional investment. However, only the investment and share ratio of the parties to the instant case shall be specified.

D 6.5% E 88,000,000 won KRW 48,000,000 KRW 1.8% per 43,000,000 KRW 6.5% per 88,000,000 KRW 3% per 66,6 million per 4% per 7% per 1.7% per Defendant B, including the Plaintiff, etc.

C. On January 30, 2012, the Defendant, S, T, U, and V entered into a lease agreement with W, the owner of the instant building, with the intent to operate the instant age club (hereinafter “instant lease agreement”). From January 30, 2012 to January 29, 2014; from January 32, 32,000,000, and the lease deposit amount of KRW 800,000,000 (hereinafter “instant lease agreement”).

On April 1, 2013, the Defendant entered into a sub-lease contract with X and the instant building without the lessor’s consent. A sub-lease contract with the effect that X and the instant building are sub-leaseed to KRW 400 million (cash 200 million, the remainder is 200 million in cash, and alcoholic beverages equivalent to KRW 200 million in substitute).

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