약정금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. On December 2014, the Plaintiff became aware of the Defendant who operates D points on the 7th floor of the Nam-gu Cbuilding Building, Nam-gu, and agreed to invest KRW 60 million in the operation of the said D store and the E chain store operation business to be implemented by the Defendant in the future (hereinafter “instant investment contract”), and on January 21, 2015, the instant investment contract (Evidence A No. 1) was prepared, and the main contents thereof are as follows.
Article 2 (Period of Contract) The term of this contract shall be three years from January 21, 2015 to January 20, 2017, and the renewal of the contract shall run after consultation between the two companies.
Article 3 (Terms and Conditions of Contracts) The Plaintiff will invest in the governance of non-space space in F which is the Defendant’s agreement, the premium, equipment, and all other expenses.
(1) Business name: G and E business. (2) Profit-sharing: The amount of net profit, excluding taxes, shall be 5:5.
(3) Period of contract: (4) Contract amount: 60,000,000 won (right of both parties) and expenses for all kinds of facilities, etc. < Amended by Act No. 1360, Jan. 21, 2015; Act No. 14083, Jan. 21, 2015; Act No. 14035, Jan. 20, 2017>
Provided, That the depreciation standards shall be calculated by determining the contract term of three years.
Article 5 (Payment of Investment) (1) The Plaintiff shall deposit in cash the amount of KRW 60,000,000 with the Defendant’s designated account by January 25, 2015.
(2) A designated account: A new bank H Defendant 6 (Amendment and Termination of Contracts) (2) If both parties violate this contract, both parties may demand correction in writing within a reasonable fixed period and terminate the contract if they fail to comply therewith.
B. The Plaintiff from January 23, 2015 to the same year
2. up to March, 200, the Defendant paid KRW 55 million out of the investments under the instant investment contract to the Defendant several times.
[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 1, and the purport of the whole pleading
2. Summary of the plaintiff's assertion
A. The Plaintiff’s primary claim to the Defendant.