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(영문) 서울중앙지방법원 2013.12.18 2013가합38010
손해배상금 등
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) 170,000,000 won and 150,000,000 won among them, starting from December 1, 2010.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaging in group meal service business at construction site. Defendant C and D are the representative director of each Defendant Company as a couple.

B. Conclusion and execution of an agreement to underwrite the on-site restaurant operation right 1) Hyundai MCo Co., Ltd. (hereinafter “MMco”).

A) In Jung-gu Seoul, Jung-gu, Seoul, the construction of the main complex building was carried out (hereinafter referred to as the “instant construction site”).

(2) On July 28, 2010, the Defendant Company: (a) between the Plaintiff and the Defendant Company, the Defendant Company is a restaurant and store (one name boom restaurant; hereinafter referred to as “field restaurant”) located in the construction site of this case to the Plaintiff.

A) A contract for supply of and demand to a restaurant was concluded with the content that grants the right to operate the restaurant. The main content of the contract is as follows (hereinafter “instant contract”).

However, the instant contract was drafted around August 5, 2010.

- The Defendant Company shall provide electricity and water free of charge and shall place facilities for the operation of the restaurant, such as restaurant buildings and septic tanks.

5) A restaurant in the site shall be the Plaintiff’s exclusive store. 6) The price for the supply and demand of the site shall be KRW 230,000,000,000, and the down payment shall be KRW 150,000,000,000,000, at the time of entering into a contract with the Defendant Company, and the balance shall be KRW 80,000,000,00 at the

2) In addition, around August 5, 2010, the Defendant Company promised to the Plaintiff that “the scheduled date of commencement of the business at the instant construction site shall be September 10, 2010, and shall be able to start the business until the end of the same month, and shall compensate the Plaintiff for KRW 46,00,000, which is 20% of the total amount of the contract, if performance under the instant contract is impossible (hereinafter “instant commitment”).

(3) On July 28, 2010, the date of the instant contract, the Plaintiff: (a) KRW 30,000,000,000, which is the date of the instant contract; (b) however, on July 28, 2010, the Plaintiff was the Defendant C and D, the representative director of the Defendant Company, and “Defendant C and D,” 40,000.

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