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(영문) 서울동부지방법원 2016.12.09 2016가합103857
구상권청구의소
Text

1. The Defendant shall pay to the Plaintiff KRW 382,646,804 and the interest rate of KRW 15% per annum from June 2, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On January 2013, the Plaintiff: (a) established and jointly operated Pidio (hereinafter “instant Pidio”) under the name of “D”; (b) concluded a partnership agreement with the content that C invests KRW 500 million in and takes 50% of the share of Pidio; and (c) the Plaintiff is responsible for the purchase and installation of equipment (hereinafter “instant partnership agreement”).

B. On March 26, 2013, the Plaintiff entered into a lease agreement (hereinafter “the lease agreement of this case”) with Droman Capital Co., Ltd. on March 26, 2013, setting the acquisition cost as KRW 493,00,00, contract deposit of KRW 49,300,000, monthly rent of KRW 14,172,03, and period of lease of KRW 36 months.

C. On January 14, 2014, the Plaintiff and the Defendant, whose representative director is C, changed the name of the instant lease agreement to the Defendant until January 15, 2014, and refunded the lease fee paid and the facility cost invested in the instant Switzerland, and entered into a contract to transfer the instant Switzerland to the Defendant (hereinafter “instant transfer contract”).

After that, the Plaintiff paid KRW 382,646,804 in addition to the lease fee for a total of 26 months from February 2, 2014 to March 2016 to the wind that the Defendant did not comply with the change of name regarding the instant lease agreement.

[Ground of recognition] Facts without dispute, Gap 3, 4, 7, and 10 evidence (including evidence with a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The judgment of this Court

A. Comprehensively taking account of the facts acknowledged in paragraph (1) of the judgment on the cause of the Plaintiff’s claim, the Defendant changed the name of the instant lease contract between the Plaintiff and the Defendant by January 15, 2014 pursuant to the instant transfer contract.

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