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1. As to the agreement concluded on April 12, 2017 between the Plaintiff and the Defendant, the agreement against the Defendant is concluded.
Reasons
1. Indication of claim;
A. The Plaintiff and the Defendant concluded a partnership agreement with the content that they jointly operate the instant hotel by purchasing all rights to “D hotel” (hereinafter “D hotel”).
B. On April 12, 2017, the Plaintiff and the Defendant agreed on the disposal, etc. of shares in the instant hotel (hereinafter “instant agreement”). The content of the instant agreement is that the Plaintiff shall pay the Defendant’s investment amount of KRW 1,360,000,000 to E and pay the Defendant the remainder of KRW 1,100,000,000 to E and take over the right to operate the instant hotel.
C. On August 25, 2017, the Plaintiff and the Defendant agreed to deduct KRW 513,827,200 from the Plaintiff’s above debt 1,10,000,000 against the Defendant.
(1) The Plaintiff determined the liability of KRW 1,100,00 on the premise that the Plaintiff shall pay for the remodeling work of the hotel of this case as KRW 673,00,00,000 on the assumption that the liability for the construction cost to be paid for the remodeling work of the hotel of this case was paid KRW 1,186,827,20,00, and thereafter, the actual construction cost of the said remodeling work was confirmed as the cause of KRW 1,186,827,200, and thus, the Plaintiff additionally bears the obligation
On the other hand, the Defendant entered into a contract with F Co., Ltd. for remodeling of the hotel of this case by setting the contract amount of KRW 873,000,000. However, the Defendant was returned KRW 440,000,000 due to the reduction of the contract price from F Co., Ltd.
However, since all of the above 873,00,000 won invested by the defendant at the time of entering into the agreement of this case was calculated by calculating the amount of debt against the defendant, the reduced amount of 440,000,000 won shall be deducted from the amount of debt.
E. Although the obligation under the instant agreement does not exist in excess of KRW 146,172,800 for the Plaintiff’s obligation to the Defendant (i.e., KRW 1,100,000,000 in - 513,827,200 in - 440,000 in -), the Plaintiff is willing to pay KRW 150,000 for the convenience of calculation.