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(영문) 대구지방법원서부지원 2014.01.09 2013가합196

약정금

Text

1. The Defendant’s KRW 30 million and KRW 3 million among the Plaintiff’s KRW 30 million and KRW 3 million from February 8, 2013 and KRW 3 million.

Reasons

1. Basic facts

A. On December 10, 2009, the Plaintiff entered into an agreement with the Defendant on the “E” located in Daegu Northern-gu, Daegu (hereinafter “instant agreement”) with the business chain, which had been operating after registering the business under the name of C, one of his own children.

(1) The Plaintiff is not involved in all management on January 1, 2010.

(2) From January 1, 2010, all the property or money related to E shall be delegated to the defendant.

③ The Plaintiff waives all of the property rights to E even after the vehicle.

(4) Subject to the above, (1), (2) and (3), the defendant shall be paid as follows:

(3) From January 1, 2010 to January 30, 2010, a total of KRW 14,440,000 shall be paid in KRW 300,000 per month (48 months). After four years each month, KRW 200,000 won shall be paid in KRW 5,200,000 per month (60 months). The Defendant shall pay KRW 20,000 to E’s debts by the bank transfer method. The above amount shall be paid on the 30th day of each month. The above contract is made when the Defendant operates the company together with C. However, all contracts may not be automatically reversed without the agreement of the Plaintiff and the Defendant. (2) The Defendant operated the above business from January 1, 2010 to the above business entity with the Plaintiff’s stores, inventory assets, customers, etc., and with the Defendant’s consent of KRW 1,301,000,000,000 per month.

2. Determination on the cause of the claim

A. The plaintiff's assertion is that the defendant shall pay KRW 264 million to the plaintiff according to the agreement of this case, but 100 million.