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(영문) 서울중앙지방법원 2014.09.19 2013가합76883

약정금 등

Text

1. The Defendant’s KRW 147,395,00 for the Plaintiff and KRW 5% per annum from January 1, 201 to September 19, 2014.

Reasons

1. Basic facts

A. The Plaintiff entered into a business partnership agreement between the Defendant and the Defendant on November 1, 199 to operate the cultural center as a consignment at the B-day store and the Gyeyang store operated by the Defendant (hereinafter each of the branches is referred to as “day-day store,” and the said business partnership agreement has been renewed while operating the cultural center at the above day-day store and the Gyeyang store.

According to the above business partnership agreement, the plaintiff shall first deposit the revenue, such as tuition, received from the members, in the operation of the cultural center, with the defendant, and settle the expenses necessary for its operation and distribute the remaining revenue according to the agreed ratio.

B. On November 30, 2005, the Plaintiff renewed a contract with the Defendant for the term of contract from December 1, 2005 to November 30, 2010, under which the said cultural center’s operation cooperation agreement (hereinafter “instant contract”) was renewed, including the right to attend a cultural course in the item of the advertisement promotion expenditure for the common expenses subject to settlement (hereinafter “instant agreement”), and the contents of the relevant agreement are as follows.

Article 10 [Management of Revenues such as Tuition Fees and Handling of Expenses Incurred by the plaintiff] (1) Costs shall be paid after the defendant confirms the payment of tuition fees of the Cultural Center only when the defendant is obligated to pay under this contract.

⑤ The Plaintiff shall submit the settlement data to the Defendant by no later than five months before the following month after the end of the semester.

Article 11 [Handling Expenses Related to Cultural Course Activities] (1) The defendant and the plaintiff shall bear the following expenses for the operation of the Cultural Center:

(2) The expenditure under the above paragraph (1) shall be appropriated as the revenue of tuition fees for cultural center cultural courses, and where such a shortage is not appropriated as the revenue, the plaintiff shall bear the full amount of such shortage, and shall be deposited to the defendant by the fifth day of the month following the end of the semester.

(3) A shall be the first payment date for each item of paragraph (1).