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(영문) 수원지방법원성남지원 2016.08.26 2015가단34924
약정금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 25,163,505 to the Plaintiff (Counterclaim Defendant) and its related amount from January 27, 2015 to December 14, 2015.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. The Defendant owns 1/2 shares of C and Jung-gu Seoul Metropolitan Government Ground Building (hereinafter “instant Building”).

B. On October 30, 2013, the Plaintiff and the Defendant entered into a partnership agreement with the Defendant to operate a hotel in the instant building (hereinafter “instant partnership agreement”).

On the same day, C and the instant building entered into a lease agreement with a deposit of KRW 300 million, monthly rent of KRW 10 million, and the period from October 30, 2013 to January 30, 2016.

C. The Plaintiff and the Defendant agreed to terminate the partnership business on July 15, 2014, and the Plaintiff agreed to terminate the partnership business with C on July 21, 2014.

On August 6, 2014, the Defendant prepared a written confirmation (hereinafter referred to as “instant confirmation”) and issued it to the Plaintiff.

The above-mentioned confirm that the amount equivalent to 1/2 of the cost of the equipment shall be returned to the partner (the plaintiff) through the verification procedure within the limit recognized by both parties, as the contract is terminated between the plaintiff and the defendant on July 31, 2014.

(Provided, That it shall be immediately returned to a third party when a lease contract is concluded)

D. On December 23, 2014, the instant building was changed from the Public Notice Board to the neighborhood living facilities, and on January 26, 2015, the instant building was registered as a tourism business for tourist accommodation business (small hotel business) in the name of Defendant and one other, under the trade name of “ Hotel E”.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 36, 37, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. Of the amount of joint investment in accordance with the Plaintiff’s assertion 1, the Defendant is obligated to pay the said amount and damages for delay, as the amount to be paid to the Plaintiff is KRW 25,163,505.

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