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(영문) 창원지방법원 2015.09.15 2014가단87444

약정금

Text

1. The Defendant’s KRW 21,508,840 for the Plaintiff and 5% per annum from December 19, 2014 to September 15, 2015.

Reasons

1. The following facts may be acknowledged in full view of the following facts: there is no dispute between the parties; or evidence Nos. 1 through 10; and evidence No. 1; and the purport of the whole pleadings:

On December 24, 2009, the Plaintiff and the Defendant Kimhae-si C 201 and 202 (hereinafter “the instant restaurant”) operated the D restaurant as a partnership business, and entered into the following business agreements with the Defendant:

B. 1) The term of the Dong business contract in this case is from December 24, 2009 to the time when the contract of the Dong business in this case is terminated or the time when the contract of the Dong business in this case is terminated or the time when the contract of the Dong business in this case is terminated, and the plaintiff receives 1.5 million won per month from the defendant for the first 3-month period and 1.7 million won per month thereafter.

3. The premium that has been disposed of and received shall be reverted to the defendant, but where the premium exceeds KRW 80 million, 1/2 of the excess portion shall be distributed to the plaintiff, and where the premium does not exceed KRW 50 million, 1/2 of the shortage portion shall be apportioned to the plaintiff.

C. The Plaintiff, as a share of the agreement from the Defendant, is an agreement that shares the amount of KRW 1.5 million on February 3, 2010, under the same year.

3. 5.1 million won, and the same year.

4.9.3 million won, and the same year.

4. A total of KRW 7 million, including KRW 1.5 million, was paid to the Plaintiff, and the Defendant, on behalf of the Plaintiff, borne KRW 1 million for the Plaintiff’s marriage relationship cost.

The Plaintiff paid KRW 50,00,000 for the lease deposit in accordance with the instant contract for the same business, but it was difficult to operate the same business due to the outbreak of swine, etc. during the period of the business, and on December 23, 2011, the period of the lease expires after deducting KRW 23,817,680 from the delayed rent out of the above lease deposit. On January 12, 2012, the Plaintiff returned KRW 26,182,320 from the remainder after deducting the overdue rent of KRW 23,817,680 from the lease deposit. During the same business period, the Plaintiff was liable for a tax of KRW 4.8 million.

E. The plaintiff and the defendant in this case.