양도대금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Facts of recognition;
A. The Defendant is the representative director of C Co., Ltd. (hereinafter “Nonindicted Company”).
Article 1 (Lease Agreement) A (referring to the Council of Owners of Epention; hereinafter referred to as “A”) shall lease the leased object to B (referring to a company other than a lawsuit; hereinafter referred to as “B”) pursuant to this Agreement, and Eul shall lease the leased object to B (referring to a company other than a lawsuit; hereinafter referred to as “B”) pursuant to this Agreement.
Article 3 (Term of Contract) The consultation between A and B shall be adjusted and extended by December 10, 2009 to December 9, 201, and one month before the contract is terminated.
When a lessee (foreign company) implements a contract under the good faith and trust, he/she shall give the priority to the extension of the contract period.
Article 4 (Right to Use Leaseed Objects) B shall obtain the right to use the leased object if the person in charge of management of pension operation and management submits to A a surety insurance policy equivalent to KRW 50 million for the lease of leased object owned by A, or the person in charge of management of pension operation and management submits a joint and several surety.
Article 6 (Facilities Management) (1) The structural defect repair (building aging, etc.) of a building shall be held responsible for A, and Eul shall be held responsible for repairing and managing existing facilities (electric and water supply) necessary for his/her business.
Article 7 (Distribution of Profits) (1) The distribution of profits shall be 65% on the side, and 35% on the side, and all expenses, such as promotional materials production expenses and public relations expenses, shall be borne and responsible from the side, from the net profits excluding all expenses ( personnel expenses, management expenses, public charges, consumption expenses, oil expenses, etc.) from the total sales.
(6) Where monthly sales are not appropriated for all kinds of expenses, the relevant insufficient expenses shall be liable for such shortage.
7. Even if Eul's business is discontinued, the minimum rent shall be paid 20,000 won per month to Gap who is the owner of the pentthy, by the 10th day of each month, and this contract shall be deemed to have been automatically terminated if Gap fails to pay it for at least three consecutive months.
Article 13 (Transfer, Assignment and Sublease of Rights)