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(영문) 광주지방법원 2015.10.02 2015가합50318
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff on November 20, 2014 based on the payment order No. 2014 tea9124, Nov. 20, 2014.

Reasons

1. Facts of recognition;

A. The network C is a person who has run the sales and entrusted management business of coffee vending machines (hereinafter referred to as “coffer vending machines”) with the trade name D, and the Plaintiff is the heir of C.

B. Around February 2011, the Defendant entered into a contract on the establishment and operation of a coffee machine (hereinafter “instant contract”) stating that “the Defendant takes over the right to operate a coffee machine from C for a given period, but C manages the coffee machine and pays monthly proceeds to the Defendant.”

C. Under the instant contract, from February 201 to March 2014, the Defendant invested a total of KRW 995,00,000 from February 18, 2011 to March 2014, and C paid a total of KRW 55,740,761 to the Defendant from February 18, 2011 to April 29, 2014.

Serial 16. 20. 16. 20. 16. 20, 50,000 won 20. 25. 20,000 won 3. 20,000 won 4. 10,000 on March 3, 2011; 5. 30. 10,00 won 6. 30. 10,000 on July 14, 201; 6. 20. 30. 10,000 on August 30, 201; 30. 16. 10,00 on August 30, 200, 200; 4. 10. 8. 20,00 won on August 20, 201;

D. C has operated the business in so-called “competing” manner, such as transferring the right to operate a coffee machine to investors more than the number of the coffee machine he has managed, and paying the investment money received from investors as profits to other investors.

Accordingly, from April 2014 to April 2014, there was a situation in which it is difficult to operate the business any longer, such as not paying profits to investors, and the defendant also came after April 30, 2014.

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