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(영문) 대전지방법원 2018.08.22 2016가합102317

보험금양도 등

Text

1. The plaintiff (Counterclaim defendant)'s primary claim is dismissed.

2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) on 27.

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

Basic Facts

Investor Gap (the defendant means; hereinafter the same shall apply) and Operator Eul (EM) of Food Service Business (EM) (the plaintiff means the plaintiff; hereinafter the same shall apply) shall, with respect to the investment and progress of the business related to food service, comply with the principle of mutual trust and good faith as follows:

Article 2 (Definitions)

1. The term “business” refers to the investment of KRW 190,000,000 in premium (investment premium) for the D key points in Daejeon C.

2. The term “A” means transferring the premium of KRW 190,000,000,000 as agreed for the business of “B” to “B” and repaying a certain amount of net profit out of the sales generated from the business for a given period.

Section 3 (Investment Money) A shall collect from Section 3 (Investment Money) the amount of KRW 190 million for the premium (investment money) on the D key points located in Daejeon C in accordance with this Agreement.

2. The above KRW 190 million shall be paid annually in four quarters in total during the contract period.

3. First quarter: 47,500,000 won in the second quarter of July 8, 2015: 47,500,000 won in the third quarter of October 8, 2015: January 8, 2016: 47,500,000 won in the fourth quarter of January 8, 2016: 47,500,000 won in the 1st quarter of April 8, 2016;

4. Where the total amount of redemption is unable to be repaid even after one year has elapsed since the contract period under Article 3 (2) above, the contract period may be extended by an agreement between the parties;

Article 4 (Distribution of Net Profits)

1. A and B shall distribute a distribution of net profits to Party A’s investments under Article 3 at the rate of 40% of the net profits each month out of the total sales of Party B’s business;

3. 47,50,000 won per quarter of the total amount of principal premium (investment) installment repayment prescribed in Article 3(1) above shall be reduced by 10% out of the distribution rate of net income every quarter of repayment.

Article 5 (Sharing of Affairs)

1.All powers over the entire management of the Eul business shall be exercised entirely;

4. “A” shall apply to “B” both the cash sales and card sales, which are all sales profits in business management and stores.