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(영문) 대전지방법원 2019.07.10 2018가단219052
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 2015, the Defendant: (a) leased the Seo-gu Daejeon Building and three floors of KRW 50,000,000,000 for a deposit of KRW 50,000; and (b) purchased a computer of KRW 200 (TX 154690, traffic card GTX 960); and (c) opened a bank of the trade name “D” (hereinafter “the instant bank”).

At the time of opening the business, the Defendant entered into a security transfer contract with the E Bank for all of the computer main body, surrounding equipment, interior equipment, etc. of the instant scamba, and took out a loan of KRW 280 million from the said bank, and repaid the principal and interest of KRW 11 million on an average monthly basis.

B. Around January 2016, the Defendant laid down the instant scambling business as a thing in order to transfer it to a third party.

On May 2016, the Plaintiff reported the advertisement and visited the instant scambling room.

At the time, the defendant accepted 200 million won from the E Bank loan balance to the plaintiff, and presented 50 million won as the premium for the whole facilities and equipment, including the cost of purchasing the E Bank loan (as of November 2015, purchase at the cost of 36 million won) to the plaintiff, and the F, who is the plaintiff's partner, met the above conditions from the defendant.

The above Memo No. 2, hereinafter referred to as the Memoto of this case

) 200 computers, e.g., traffic cards 960 (the maximum amount of life cards).

However, at the time, the business takeover contract was not concluded.

hereinafter referred to as "the primary negotiation of this case" is "the primary negotiation of this case".

(C) On June 2016, after the conclusion of the first negotiation, the Defendant exchanged 58 units of the computer in HPC room, which the Defendant operated separately from G, with 58 units of the computer in HPC room (SU tele: CPU tele 15 4460, traffic card GX750).

On July 18, 2016, the Plaintiff has re-exploited the Defendant on the same day, and on the same day, the Plaintiff acquired KRW 189 million in the balance of E Bank loans, and the Defendant received KRW 41 million in the premium for all facilities and equipment, including costs for purchasing the E Bank loans.

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