동업계약해지에 따른 정산금반환
1. The Defendant’s KRW 139,425,530 as well as 5% per annum from May 22, 2014 to December 5, 2014 to the Plaintiff.
1. Basic facts
A. On August 28, 2012, the Plaintiff and the Defendant concluded a partnership agreement with respect to the restaurant “D” and “E” (hereinafter “each of the instant businesses”) operated by the Defendant on the first and second floors of the building located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”) as follows:
(hereinafter referred to as the “instant trade agreement”). Article 1 A (referring to the plaintiff; hereinafter the same shall apply) and B (the defendant means the defendant; hereinafter the same shall apply) operate the following companies:
1) Name of the Company: Address D/E 2: Gangnam-gu Seoul Metropolitan Government C3: 435,000,000 (Article 2(1)) Company A shall preferentially invest KRW 100,000,000,000, out of the total undertaking amount by July 31, 2012, KRW 200,000,000,000.
Therefore, until the completion of the investment of KRW 100,00,000, the portion corresponding to August shall be distributed to the above-mentioned share of KRW 100,00 (78, A22%) out of the total amount of the established capital.
2) By August 29, 2012, Party A decided to make an additional investment of KRW 50,000,000 to complete the investment obligation of KRW 200,000,000,000 remaining until October 31. Article 3 Subparag. 4 does not assume any responsibility for additional investment necessary for management.
Article 6 Section A and B are as follows with respect to sales arising from D/E management from September 2012:
1) Recognizing the power of brand recognition, store know-how, trademark right, etc. of the existing place of business he he he he he he he he stockpiled, and Party A shall pay to Party B the total E/D sales amount of less than KRW 50,000,000,000 to Party B at the end of each month the amount equivalent to 50,000 won of the total sales amount of the two places of business. The termination/cancellation of this contract is made under the written agreement between Party A and Party B. The remaining assets after the termination and termination of the contract under Article 9 and the completion of all the reorganization of the company’s assets shall be arranged as follows: (i) A deposit in the underground floor of KRW 20,000,000,000: