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(영문) 창원지방법원진주지원 2016.04.07 2015가단31076

기타(금전)

Text

1. The Plaintiff:

A. Defendant C’s KRW 95,00,000 and for this, KRW 20% per annum from April 20, 2015 to September 30, 2015.

Reasons

Basic Facts

On June 5, 2014, Defendant B, as “A,” and the Plaintiff, as “B,” was drafted on June 5, 2014 with respect to “E” (hereinafter referred to as “E”); and the joint investment agreement with the following content (as evidence 1-1, hereinafter referred to as “instant First Agreement”).

Accordingly, the plaintiff paid 71,700,000 won of the investment share, and around July 2014, the business of Daz E was commenced.

1. Subject-matter - KIKO E - Total investment cost of KRW 239,000,000 ( KRW 209,000,000, deposit money of KRW 30,000,000)

2. A and B shall jointly invest in an object at a rate of 7:3.

3.The object shall be operated by A, and all matters related to operation shall be determined by A himself.

(Provided, however, the expenditure incurred by the operation at least the tenth day of each month shall be made available to the public by the Party A). 4. An object contract shall be in the name of Party A, but in fact it shall be the co-ownership of Party A and Party B with the shares in proportion to the apportionment ratio.

5. The distribution of profits shall be made to Section A at the 7:3 ratio from the 10th day of each month operating income (total sales - sales expenses and general management expenses).

6. (Omission)

7. The contract term shall be five years, and the re-contract term may be extended in consultation.

8. A shall be actively supported to operate a second (tentative) point to B and, at the beginning of the second point, to co-investment in proportion to 3:7.

9. (Omission) 10. Expenses invested by Gap and Eul respectively at the time of the completion of the relevant project;

[Provided, on September 10, 2014, the Plaintiff’s “A” and Defendant C as “B” were written with respect to the “G stores” located in Pyeongtaek-si F (hereinafter “KIKO G stores”) on the basis of the following terms and conditions (a certificate No. 1-2; hereinafter “instant contract No. 2”).

After that, the Plaintiff shall pay the total amount of investment (integrative cost and deposit) under the contract of this case.