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(영문) 서울중앙지방법원 2016.11.18 2016가단5070884
손해배상(기)
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall pay KRW 151,075,067 and its amount from April 7, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On September 30, 201, the Plaintiff entered into a contract to operate an on-site restaurant (hereinafter “instant contract”) with the Defendant Company on the following terms and conditions, and paid KRW 50,000,000 to the Defendant Company on the same day, and KRW 50,000,000 on October 29, 201, respectively.

On the other hand, Defendant B guaranteed the Defendant Company’s contractual obligations related to the instant contract.

The construction name and the construction site: The contract period of D Construction Works in Jung-gu Incheon Metropolitan City: in principle, during the contract period from December 15, 201 to the end of the site, the details of donations due to the transfer or acquisition of the right to operate a box: 160,000 won: 160,000 won for down payment: intermediate payment of KRW 50,000,000 for intermediate payment of KRW 50,000 ( October 30, 201), - the time of moving into the brin restaurant - the time of moving into the brin restaurant - if the transfer or acquisition of the brin restaurant is not carried out during the contract period from December 15, 2011 to the end of the site, the sum of interest of 2% per month shall be refunded.

B. Upon the delay in the selection of the construction works of the aforementioned D, the Plaintiff agreed with the Defendant to change the construction site and the name of the construction to “F created works in In Yeonsu-gu E” on January 2013, 201, and agreed to increase the amount of donations in KRW 20,000,000. The Defendant Company paid KRW 30,000,000 out of the remainder of January 22, 2013, and the remainder of KRW 50,000,000 from March 27, 2014, respectively.

C. On September 5, 2015, the foregoing D Formation Project was selected as a modern industrial development. The Defendant Company entered into an agreement on settlement of accounts and a sales agency agreement on the expenses already invested by G and Defendant Company selected as a business owner at that time.

On March 4, 2016, the Plaintiff agreed with the Defendant Company as follows with respect to the return of the said donations, and the Defendant Company paid KRW 180,000,000 to the Plaintiff on the same day according to the said agreement.

The plaintiff is paid KRW 180,000,000 in a lump sum on March 4, 2016 by the defendant, and the interest is excluded.

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