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(영문) 서울북부지방법원 2016.09.23 2015가단127237
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 17,50,000 and the interest rate of KRW 15% per annum from August 19, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. A. Around September 2008, the Plaintiff entered into a loan agreement with the Defendant, C, and restaurant business (hereinafter “instant loan agreement”). On September 23, 2008, the Plaintiff entered into a lease agreement with D and Jung-gu Seoul E 101 (hereinafter “instant real estate”) by setting the lease deposit amount of KRW 40,000,000, monthly rent of KRW 3,500,000, monthly rent of KRW 3,500,000, and the lease period from September 23, 2008 to August 22, 2010.

From around that time, the Plaintiff, Defendant, and C operated a restaurant with the trade name “F” in the instant real estate.

B. On February 18, 2009, the Plaintiff, the Defendant, and C drafted a partnership agreement that “the Plaintiff and C shall work in the proportion of 25% and 50%, respectively, at the rate of 25% and 50%.”

C. The Plaintiff did not pay the rent for the instant real estate, and D filed a lawsuit for the delivery of real estate against the Plaintiff as the court 2010da36015.

On September 29, 2010, the court rendered a ruling that “the Plaintiff shall deliver the instant real estate to D, and shall pay the amount calculated by applying the rate of KRW 4,638,000 to KRW 4,109,00 per month from July 23, 2010 until the delivery date of the instant real estate,” and the said ruling became final and conclusive around that time.

On September 14, 2012, the Plaintiff reported the closure of a restaurant. D.

On June 4, 2015, the Plaintiff agreed to provide D and D with “the Plaintiff shall pay KRW 40,000,000 to D with the judgment debt amount,” and paid KRW 35,00,000 among them to D on the same day.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 6, 9 evidence, purport of the whole pleadings

2. According to the facts found above, the agreement on the instant real estate is terminated, and the agreement on the instant Dong business was terminated as the Plaintiff closed a restaurant “F”, and the agreement on the instant Dong business was finally terminated, and KRW 35,000,000 that the Plaintiff paid to D pursuant to the agreement on the instant Dong business, and the Plaintiff and the Defendant are obligated to bear each share.

Therefore, the defendant shall pay to the plaintiff 17,50,000 won (35,00,000 won x 50%) and a duplicate of the complaint of this case.

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