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(영문) 서울서부지방법원 2017.02.09 2015가합38835

기타(금전)

Text

The defendant's KRW 2,698,712 to the plaintiff and 5% per annum from June 10, 2015 to February 9, 2017.

Reasons

1. The facts below the underlying facts may be found either in dispute between the parties or in Gap evidence Nos. 1, 2, and 3 (including a Serial number; hereinafter the same shall apply), with a comprehensive consideration of the whole purport of the pleadings, unless otherwise specifically mentioned. (a)

On July 10, 2013, the Plaintiff and the Defendant entered into an agreement on the same business (hereinafter “instant agreement”) with the trade name “D” in Gangseo-gu Seoul Metropolitan Government to jointly operate a restaurant (hereinafter “instant restaurant”), which sells air conditionings, booms, chills, and pots (hereinafter “instant restaurant”), and the main contents thereof are as follows:

Article 1 (Purpose of the Agreement) The plaintiff and the defendant share the funds necessary to manage the open E (D) air conditioning and air conditioning on July 10, 2013, the amount of funds necessary to manage the cathos and cats, and share the profits accruing from the business equally in accordance with the terms and conditions of this Agreement.

Article 2 (Obligation of Defendant) (1) The Defendant has the right and duty as a representative of the business in consultation with a third party necessary for the business operation, transactions, business activities and other acts necessary for the management.

(2) The defendant shall transfer to the plaintiff all air conditioners, dead-end water, potass, and technology.

(3) The defendant shall operate his/her business in a best manner, and faithfully perform all obligations to the plaintiff.

(4) The defendant shall settle the accounts together with the plaintiff about the overall management, including the business performance of the month as of the end of each month

Article 3 (Prohibition of Concurrent Operation) Unless the prior written consent of the other party is given, the plaintiff or the defendant shall not independently manage the same kind of business as the business under this Agreement in partnership with a third party, and if the plaintiff or the defendant violates it, the other party may claim damages therefor.

Article 4 (Investment and Business Facilities) Total Amount of KRW 160,152,000 - Premiums of KRW 70,000 for premiums of KRW 50,000 for premiums of KRW 50,000 for deposit - 10,000 for blades technology transfer - Costs of KRW 2,50,000 for blades machinery purchase cost of KRW 2,50,000 for construction cost and construction cost.