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(영문) 서울고등법원 2016.10.06 2016나2030898

청구이의

Text

1. The plaintiff's appeal is all dismissed.

2. As to the case of application for the suspension of compulsory execution by this Court 2016 Chicago20199

Reasons

1. Basic facts

A. 1 Termination of the establishment of the restaurant business agreement) The original Defendant is a restaurant with the trade name of “D” in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant restaurant”) around March 2008, as the Dong business around March 2008.

(1) The business shall be operated (hereinafter referred to as “instant partnership business”).

(2) According to the instant business agreement, the Plaintiff agreed to take charge of the instant restaurant management business from March 1, 2008 to March 1, 2008, the lease deposit amounting to KRW 170 million, and the lease deposit amounting to KRW 133 million from March 1, 2008 to February 28, 201, and KRW 1364 million from March 1, 2008 to February 28, 201. The Defendant also leased the instant restaurant management business.

3) On June 21, 2010, the Defendant transferred the instant restaurant’s KRW 390 million to G, and around that time, the Defendant received the remainder of KRW 450 million from G from June 30, 2010, respectively, and the Plaintiff terminated the existing lease contract and was returned KRW 170 million from E as the lease deposit. 4) The Plaintiff agreed to terminate the instant partnership with the Defendant around June 2010, and settled the remainder of KRW 350 million,000,000,000 and KRW 170,000,000,000,000,000,000,000,000 won under the title of the instant restaurant’s deposit and KRW 50,000,000,000,000.

B. On March 5, 2008, a partnership agreement was drawn up between the original defendant and the original defendant on the part of March 5, 2008, stating that all rights, investments, and income tax obligations on the restaurant in this case shall be 7:3 percent (hereinafter “instant partnership agreement”).

The plaintiff's seal imprint is affixed to this document, and the plaintiff's seal imprint was also attached to this document.

(c).