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(영문) 광주지방법원 순천지원 2018.09.13 2017가합13992
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 240,00,000 and the interest rate of KRW 15% per annum from March 16, 2018 to the date of full payment.

Reasons

1. Basic facts (applicable for recognition: The non-strifeed facts, Gap evidence 1 through 9 (including the provisional number; hereinafter the same shall apply);

(A) each entry in the evidence of No. 1 and the purport of the whole pleadings

A. On February 1, 2015, the Dispute Resolution Co., Ltd (hereinafter referred to as “Nonindicted Company”) leased part of the first floor, 7, and 8 floors (hereinafter referred to as “instant wedding”) among the buildings listed in the separate sheet owned by the Defendant and the Defendant, to KRW 500 million from July 5, 2015 to July 5, 2020, and operated the wedding hall.

2. Terms and Conditions 1) The Plaintiff shall appoint D and the Plaintiff to make an investment in the instant wedding. 3) The Plaintiff shall pay D the investment amount of KRW 300 million to D on February 5, 2016, and February 13, 2016.

4) D shall, with the Plaintiff’s profit on the above 300 million won, pay to the Plaintiff KRW 6 million on May 10 each month, and shall pay KRW 20 million on May 30, and KRW 30 million each year with the repayment of KRW 20 million and KRW 2,000,000,000 on November 3, 19, and reduce and exempt the amount repaid (additional principal repayment) by two parts of interest and principal from the amount repaid to the Plaintiff. (5) At the same time, D shall give up all the operation rights of the instant wedding hall and transfer the business to the Plaintiff, and prepare and implement a separate waiver. (6) D and the Plaintiff’s contract period shall be the contract period with the Defendant, and D shall pay the remainder of the Plaintiff’s investment deposit (other than the remainder repaid by the Plaintiff’s investment profit) by the expiration date of the contract period.

A: The Plaintiff’s surety: the Defendant and F

B. On February 5, 2016, the inside director D of the non-party company entered into an agreement with the Plaintiff to receive an investment of KRW 300 million in relation to the instant wedding and redeem the investment proceeds in installments and pay the investment profits (hereinafter “instant agreement”). Defendant E and Defendant E (name F) jointly and severally guaranteed the obligation to return the said investment proceeds, and the main contents are as follows.

D If the D fails to comply with the agreement of this case, all of the following shall be waived:

1. The operation and ownership of the instant wedding hall, and all of the corporeal movables and possessory rights are D.

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