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(영문) 서울중앙지방법원 2017.09.07 2016가단5276576
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B (hereinafter “Defendant Company”) on December 2014, 201, leased the Gangnam-gu Seoul E building (hereinafter “instant building”) from the Kti Co., Ltd. (hereinafter “K”) by setting the period from December 8, 2014 to December 7, 2019.

(hereinafter “instant lease agreement”). Defendant C is the representative director of the Defendant Company.

Defendant D is the spouse of Defendant C, and is the operator of the Defendant Company.

Article 2 of the instant lease agreement provides that “Lessee shall use the leased building for the purpose of neighborhood living facilities (pactic and skin management room) and shall not use it for other purposes without prior consent of the lessor.”

B. On September 2016, F Co., Ltd. (the Plaintiff for the representative director) concluded a sublease contract on the instant building with the Defendant Company (H Hospital) on September 12, 2016, setting the period from September 12, 2016 to September 29, 2016.

F. On September 21, 2016, F Co., Ltd. (the plaintiff of the representative director) entered into a sub-lease contract with I (JJ) on the part of the building in this case for hospital pet projects.

F Co., Ltd. was changed on September 19, 2016 to "K Co., Ltd."

C. On October 25, 2016, the Plaintiff concluded a transfer contract with the Defendant Company.

(hereinafter referred to as “the instant transfer contract”). L and M jointly and severally guaranteed the Plaintiff’s obligation under the instant transfer contract.

The main contents of the instant transfer contract are as follows.

Article 1 (Subject Matter of Transfer) The acquisition price of the shares on the register of the defendant company and the corporation owned by the defendant company, and the transfer price of the building of this case under Article 2 (Transfer Price) shall be the total cost of detention (900,000,000).

Article 3 (Methods of Prohibition against Corruption) KRW 50 million from the date of preparation of the contract to the following day of the work day, KRW 100 million from the first intermediate payment to November 1, 2016 (only unnecessary parts shall be removed after the confirmation by the Defendant Company and the Plaintiff) and KRW 2,000 from November 31, 2016.

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