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(영문) 서울동부지방법원 2018.11.01 2018가합101787
손해배상(기)
Text

1. Defendant B shall pay to the Plaintiff KRW 400,000,000 as well as 15% per annum from November 1, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On October 17, 2013, the Plaintiff and Defendant B entered into a partnership agreement on the second floor E entertainment room of the building located in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant first investment agreement”) as follows, and the Plaintiff paid KRW 120 million to Defendant B on the same day.

-Defendant B and the Plaintiff shall operate the Eudio room located in Gangdong-gu Seoul Metropolitan Government D (2).

-Defendant B is responsible for leasing and facilities, and the Plaintiff purchases and invests 60 pulse 120 million won (new penalty) and enters into a contract for that business for two years from October 17, 2013 to October 16, 2015.

-Defendant B shall have the right to operate and operate the amusement room and pay 7 million won per month to the Plaintiff regardless of the operating profit.

-After the vehicle, Defendant B and the Plaintiff shall extend the contract with agreement and jointly distribute all the parts, including lease and facility collection equipment and equipment 60 units at the time of termination.

B. On December 27, 2013, the Plaintiff and Defendant B entered into a partnership agreement (hereinafter “instant secondary investment agreement”) as follows, and the Plaintiff paid KRW 150 million to Defendant B on the same day.

-Pursuant to the above contractor, Defendant B shall borrow and operate the Gangdong-gu Seoul Metropolitan Government F (sub-story) 150 million won from the Plaintiff in the lease and facility.

-The plaintiff shall enter into a contract for the same business for two years from 27 December 2013 to 26 December 2015, after investing 150 million won in defendant B.

-Defendant B pays 8 million won to the Plaintiff on a monthly basis, irrespective of its operating profit.

- Defendant B shall pay the principal to the Plaintiff within the term of the contract, and after the repayment of the principal, Defendant B and the Plaintiff shall mutually reconcilate the new contract.

C. On January 6, 2014, the Plaintiff and Defendant B entered into a partnership agreement (hereinafter “instant third investment agreement”) as follows, and the Plaintiff paid KRW 30 million to Defendant B on the same day.

-Defendant B, the above contractor, on the lease and facility of Gangdong-gu Seoul Metropolitan Government G (1st floor), 3.0

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