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(영문) 서울북부지방법원 2018.10.31 2017가단139012
지원금 등 반환
Text

1. Defendant B and C shall jointly and severally file with the Plaintiff KRW 141,064,00,000, and Defendant B shall be jointly and severally file with the Plaintiff on January 2, 2018.

Reasons

. Determination as to the claim

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act;

2. Determination as to the claim against Defendant D

A. Basic facts (i) On February 2017, the Plaintiff concluded a credit card approval service contract with respect to Defendant D’s father, E, the father of Defendant D, and “B” (hereinafter “instant E”) to engage in the business in Defendant D’s F and G, Sungnam-si, and around that time, supplied E with equipment equivalent to KRW 65,846,00 as a prior subsidy.

around March 29, 2017, the Plaintiff concluded a credit card approval service contract with the Defendant Company (hereinafter “instant contract”).

In the joint and several surety column of the contract of this case, the signature and seal of Defendant C and Defendant D are affixed thereto.

Terms and conditions of contract from March 29, 2017 to March 28, 2020 (36 months) terms and conditions of contract* 65,846,00 won in total (including VT) per case 30 months (including VT) support* Total number of contract terms and conditions of 2,194,867 cases.

* The number of months per month is 61,00 items, the base number is less than 90 per cent, the number is less than 1), the number is less than 1) and the

Article 8 (Cancellation of Contracts and Compensation for Damages) (2) Termination due to Non-performance, etc. of Contracts

1. In a case where the Defendant Company unilaterally reverses the contract without the Plaintiff’s prior consent during the contract period (where the use of credit card approval apparatus, software, and other servers is used, the case where the Plaintiff enters into a business takeover contract with a third party without the Plaintiff’s prior consent) or where the number of contracts is less than 90% per month, the Plaintiff may terminate the instant contract at will if the OPEN is delayed for more than 30 days at the time of a new OPEN contract.

In such cases, damages, etc. borne by the defendant company shall be agreed as follows:

2. Damages and standards;

a. The Defendant Company shall face bags, etc. [the amount of equipment not recovered from the subsidy].

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