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(영문) 서울고등법원 2016.09.08 2015나30116
손해배상(기)등
Text

1. The defendants' appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs by an appeal and incidental appeal.

Reasons

1. Basic facts

A. Defendant B entered into a lease agreement on Defendant B’s F hotel and ancillary facilities, etc.) Defendant B is a Chinese corporation D Limited Liability Corporation (hereinafter “instant Limited Liability Corporation”).

At the time of the establishment of the instant limited liability corporation, Defendant B established the instant limited liability corporation, and Defendant B owned 83% of the shares, and 17% of the shares, respectively. On November 12, 2001, the Plaintiff was appointed as the representative director of the instant limited liability corporation, and thereafter, the Government of the Damtan in China (hereinafter referred to as the “Damtan Government”).

2) As between the Corporation and the Dak-gu, the Corporation and the Dak-gu, China, the F Hotel E (hereinafter referred to as the “instant hotel”).

) and Han restaurant G (hereinafter referred to as “instant restaurant”)

(1) The term of lease is set at approximately 30 years from December 2002 to USD 85,00 for annual rent (hereinafter “instant lease agreement”) to lease incidental facilities, such as Ghana, Lcare, Baba, etc. (hereinafter “instant lease agreement”).

(2) On March 10, 2010, the lease term of the instant lease was 20 years, and the annual rent was 97,125 US dollars, respectively.

B. The conclusion of a partnership agreement between Defendant B and H and the occurrence of disputes over the right to operate the instant restaurant, etc.) Defendant B’s partnership agreement with H on February 10, 2004 with the content that, upon receiving an investment of KRW 480 million from H on February 10, 2004, Defendant B shall hold the ownership shares and operating profits of the instant hotel and its ancillary facilities at the rate of 50:50 (hereinafter “instant partnership agreement”).

In concluding the instant restaurant, Defendant B and H agreed to prohibit all sale and purchase, individual lease, or transfer without prior consultation. (2) around March 2004, Defendant B subleted the instant restaurant to three persons, such as H, I, and J, and the said three persons had the right to operate the instant restaurant from that time. Around January 2009, Defendant B transferred part of the shares in the operating rights of the instant restaurant (13.3%) to K (20%) and the remainder to K (20%) respectively.

3. The hotel of this case shall be operated.

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