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(영문) 울산지방법원 2014.10.17 2013가단25537

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from September 26, 2013 to the day of complete payment.

Reasons

1. Facts of recognition;

A. A. On November 2009, the Plaintiff and the Defendant agreed to jointly operate the sobrid restaurant (hereinafter “instant restaurant”) with the trade name “D” in Jinju-si, Jinju-si, by entering into the same business agreement with the following, and on April 12, 201, written a notarial deed stating the contents of the said business agreement at the notary public F office located in Jinju-si, E’s office as it is.

1. “A (Defendant)” and “B (Plaintiff)” shall operate D SBBB shop in Jinju-si, with the amount of KRW 60 million for A, and KRW 50 million for B, until November 30, 2009, with the amount of KRW 50,000,000 for joint investment as above, and the amount of operation shall be from December 15, 2009. < Amended by Presidential Decree No. 21834, Dec. 15, 2009>

(Provided, That this shall include 20,000 won loans in assets). Investment ratio: Gap 54%, Eul 46%

2. A and B shall be a distribution key in the shares invested in the portion of the net operating profit remaining after deducting the amount related to the operation of the store, such as taxes, public charges, and employees' wages, from the amount of the operating profit accrued at the above store.

3. The operation of the store will be responsible for and run by A.

4. B shall not use the above investment money for purposes other than those related to the operation thereof.

5. A is not allowed to find any part of the key money and key money for lease on a deposit basis without permission of B in any case.

The distribution shall be allotted in accordance with the above ratio.

(A) The effect of the above contract is to take effect from December 15, 2009.

B. Under the above business agreement, the Plaintiff delivered 50,000,000 won as investment to the Defendant, and the Defendant leased 35,000,000,000 won from G to 1,60,000 won as monthly rent, around December 2009, the Plaintiff started to operate the instant restaurant from December 10, 2009.

After December 10, 201, the above lease contract was renewed between the defendant and G on December 10, 201, the monthly rent is KRW 1,650,000.