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(영문) 전주지방법원 2014.08.14 2012가단34513
대여금 및 구상금
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 5,783,00 and as to this,

B. Defendant C is jointly and severally liable with Defendant B.

(b).

Reasons

1. Basic facts

A. The Plaintiff, while operating “D Songcheon Store” that sells Hein products, developed the so-called “E” products.

B. Around April 2, 2012, Defendant B, who operated the “D Samcheon Store, agreed to establish a legal entity to operate the franchise business for E products jointly developed by the Plaintiff, and to distribute profits from the franchise business one-half each by one-half.

(hereinafter referred to as the “Joint Project Agreement”). C.

On April 12, 2012, Defendant B established a limited liability company G (hereinafter referred to as “non-party company”) for the franchise business to the Seoul Special Metropolitan City F.D.

Defendant C, the wife of Defendant B, operated the “E Samcheon Point” (hereinafter in this case), which is the chain store of the non-party company, and the Defendants agreed to pay all the above money to the Plaintiff in relation to the tricheon Construction Project on April 6, 2012, which is KRW 1,00,000,000,000,000,000 for wooden Machinery Costs, KRW 4.5 million, labor cost of KRW 4,500,000,000, and KRW 1,150,000,000,000,000,000,000,000,000 won.

E. On the other hand, on April 11, 2012, the Plaintiff paid KRW 540,00 to H as the price for the chain staff of the non-party company’s chain staff. On April 12, 2012, the Plaintiff transferred KRW 540,00 to the Defendant B as a certified judicial scrivener fee for the establishment of the non-party company.

[Evidence] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition of the construction cost of the Samcheon Point in this case, the Defendants are jointly and severally obligated to pay the Plaintiff KRW 4,973,000 ( KRW 10,650,000 - 5,677,000) calculated by subtracting KRW 5,67,000 paid to the Plaintiff from the construction cost of the Samcheon Point in this case ( KRW 4,500,000, KRW 4.577,000).

B. According to the fact of recognition of chain staff's uniforms and certified judicial scrivener's fees, the fact of recognition is examined.

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