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(영문) 수원지방법원 안산지원 2021.02.17 2019가단72802

기타(금전)

Text

1. From July 1, 2019 to October 18, 2019, Defendant (Counterclaim Plaintiff) paid KRW 5,243,90 to the Plaintiff (Counterclaim Defendant) and against this.

Reasons

1. On April 1, 2019, the Plaintiff entered into a contract with the Defendant for the quantitative transfer (hereinafter referred to as “instant contract”) of the cafeteria “G” (hereinafter referred to as the “instant cafeteria”) operated by the Plaintiff on a premium of KRW 20,000,000 (a down payment of KRW 5,000,000 on April 1, 2019, and a balance of KRW 15,000,000,000 on the date of succession of status) to transfer to the Defendant on a premium of KRW 20,000.

The main contents of the instant contract are as follows.

All (the total number and the number of people) held on the date of the contract shall be included in the premium, and when any damaged or lost material occurs after the contract, the transferor shall be responsible and restored to its original state.

A transferee shall accurately verify the performance of a contract for food and rights and pay the balance before the payment date of the balance, and shall not file an objection after the payment of the balance.

The average number of food service personnel on a daily average from monthly to Friday shall be determined based on the balance day (350 to 400).

If the number of people is insufficient, the transferor shall calculate the price per unit and shall reduce the price.

If the transferor has sold a food ticket in advance, 10,000,000 won of the deposit shall be kept by the transferee.

The period of recovery of the above food tickets shall be fixed from the date of the balance to two months, and the transferor shall settle the balance immediately after subtracting the recovery and value added tax from the amount calculated on a monthly basis.

When there is any remaining or insufficient amount after the settlement of accounts, both parties shall make the settlement immediately.

Water purifiers 2: approximately 60,000 won per month, approximately 66,000 won per Scco, and shall be succeeded by the transferee.

The Defendant paid KRW 5,00,000 to the Plaintiff on the day of the instant contract, and paid KRW 5,000,000 out of the locking amount on April 17, 2019.

D. Deposit in the Plaintiff’s account

(See Evidence No. 6, the Plaintiff delivered the instant restaurant to the Defendant on April 30, 2019, and the Defendant operates the instant restaurant in the name of “H” from May 1, 2019.