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(영문) 춘천지방법원 2017.07.11 2016가단50774
손해배상(기)
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1. The Defendant (Counterclaim Plaintiff) paid KRW 80 million to the Plaintiff (Counterclaim Defendant) and against this, from March 22, 2016 to July 11, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff is a party to the dispute. The Plaintiff is a marina on the land outside Chuncheon City C and nine parcels (hereinafter “instant marina”).

3) As to the construction of a new building, the M&D business (hereinafter “instant project”).

(2) The Defendant is a company for the purpose of livestock product processing and sales business located in Gunsan City, and is a company that takes over or intends to establish mid-term marina in order to expand its business through distribution business.

B. On June 19, 2015, the Plaintiff and the Defendant entered into a contract with the Defendant to invest a total of KRW 1.4 billion in the Plaintiff’s open cost with respect to the instant business (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

1. Omitted;

2. The defendant recognizes KRW 900 million already invested in the project of this case.

3. The Defendant shall invest in full all subsequent costs (purchase of real estate and open costs) for open opening of the instant Mart.

A) the details of each owner of real estate (purchase and lease);

4. The plaintiff and the defendant shall distribute a certain amount every month after the settlement of accounts at the end of the month in which profits are distributed in consultation with the plaintiff.

5. Distribution of shares (Plaintiff 40%, Defendant 60%) The Defendant recognizes 40% of the Plaintiff’s shares in comparison with total investment cost (including existing Plaintiff’s investments).

【Additional Matters】

1. The Defendant shall determine the amount of KRW 900 million invested by the Plaintiff prior to the agreement on the same business as 40% of the total amount invested, and shall determine the ratio of KRW 1.4 billion in principle as to the 60% of the equity ratio.

2. The defendant shall not recognize pure bank loans related to real estate purchase as investments in the course of running a business, and shall determine the amount of cash payments only.

The total loans: 1 billion won, 300 million won, 15% credit rating of 300 million won, and bank loans: 700 million won.

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