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(영문) 수원지방법원 2018.03.27 2016가합80430
약정금
Text

1. The Defendants jointly and severally against the Plaintiff B 180,000,000 won, Plaintiff A and C respectively, and each of the said amounts.

Reasons

1. Facts of recognition;

A. On November 30, 2013, Plaintiff B acquired the business right from F Co., Ltd. (hereinafter “Nonindicted Company”) to carry on the photographic booking business from the crowdfunding operated by the Nonparty Company (hereinafter “instant database”), and paid KRW 180,000,000 as security deposit.

B. On April 4, 2014, Plaintiff A and C jointly acquired a goodwill from Nonparty Company to engage in the business of lending and beauty art business of this case, and paid KRW 160,000,000.

C. After Defendant E and Nonparty G acquired the instant securities business right from Nonparty Company, Defendant E and Nonparty G agreed to pay KRW 180,000,000 to Plaintiff B, without setting a deadline on April 15, 2016, the sum of KRW 180,000,000 to Plaintiff A and C (hereinafter “the first agreement”). D. Defendant D Co., Ltd (hereinafter “Defendant Company”) acquired the instant securities business right from Defendant E and Nonparty G, and on June 9, 2016, to the Plaintiffs seeking the return of the deposit, the Plaintiff agreed to pay KRW 180,00,000 to Plaintiff B by June 31, 2017 (hereinafter “2 agreement”).

At the same time, in order to secure the above debt, a mortgage was established on the real estate owned by a third party, and if it is not performed, the plaintiff shall immediately file a lawsuit with the defendant company, and the defendant company shall not raise any objection thereto.

E. Meanwhile, on June 24, 2016, Defendant Company issued a payment guarantee certificate of KRW 216,00,000 for the guaranteed amount issued by H to Plaintiff B, and issued the same payment guarantee certificate to Plaintiff A. However, the Defendant Company terminated the payment guarantee contract because the payment guarantee contract was terminated because the Defendant Company did not provide a security right to H and did not pay an issuing fee.

F. The defendant company of this case against the plaintiffs.

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