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(영문) 서울중앙지방법원 2019.05.30 2017가단5067816

약정금

Text

1. The Defendant’s KRW 46,337,692 as well as the Plaintiff’s annual rate from April 1, 2017 to May 30, 2019, and the following.

Reasons

1. The facts of recognition: (a) The Defendant, as the event event company that operated the Dae Manscate (hereinafter “instant store”) store at the Dmar store operated by Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on February 3, 2017, entered into a sales operation agreement (hereinafter “instant agreement”) with the Plaintiff, which provides that the Plaintiff shall take over all the instant store and the facilities and operate them as “E” with the acquisition cost of KRW 20,000,000; and (b) monthly, the Defendant and the Nonparty Co., Ltd. shall pay 5% and 20% of the sales revenue of the store, respectively, as the event fee (hereinafter “instant agreement”).

In fact, the plaintiff's monthly sales is paid from the defendant only after deducting the event fee against the defendant and the non-party company.

② From February 9, 2017, the Plaintiff commenced the instant store. Around February 27, 2017, the Plaintiff entered into an annexed agreement (hereinafter “instant annexed agreement”) with the Defendant, accepting the agreement by the Plaintiff, as the Defendant, that the Defendant would temporarily withdraw from the instant store to the instant store and would temporarily operate the said store at the same place after a temporary withdrawal from the instant store. On March 5, 2017, the Plaintiff entered into the instant annexed agreement (hereinafter “instant annexed agreement”).

1. The expenses for directors, storage expenses, etc. resulting from the burial iron bars shall be paid to Gap to Eul;

2. The amount of business losses incurred due to reasons attributable to A shall be paid to B as follows:

Cash: 2 million won agreement (transfer after settlement of 17 days);

3. In principle, at the time of re-entry into the Doma in F, re-locating into the present location (which is between the summer and rice farm), but the location presented by A, depending on circumstances, shall be consulted with B;

4. The existing contract shall be maintained if a salesroom is made before March 23, 2017. If a salesroom is made before payment, A shall pay to B the amount of compensation for actual cost of the invested principal at the time of payment.

③ The Plaintiff paid KRW 16 million out of the acquisition cost under the instant contract to the Defendant on the date of the contract. The Plaintiff paid KRW 2 million to the Defendant on the same day as the sales amount for the period from February 9, 2017 to February 2, 2017.