약정금
1. Of the part concerning the counterclaim of the judgment of the court of first instance, the following amount constitutes an additional payment order.
1. In the first instance court within the scope of the judgment of this court, the plaintiff filed a claim against the defendant for a penalty, etc., and the defendant filed a counterclaim against the plaintiff for a penalty or consolation money. The first instance court dismissed the principal claim and accepted only part of the counterclaim claim.
Accordingly, since the defendant appealed against part of the part against the defendant among the counterclaim claim, the scope of the judgment of this court is limited to the part against the defendant among the counterclaim claim.
2. Basic facts
A. The Defendant had been operating the “C Licensed Real Estate Agent Office” from around April 14, 2011, and the Plaintiff was working as an employee of the said office from around July 1, 2013.
B. On November 1, 2013, the Plaintiff entered into a contract with the Defendant to operate a licensed real estate agent office together with the Defendant, and prepared the following business agreement on November 1, 2013.
Business name of the partnership contract: F apartment 101 Dong-gu, Daegu Metropolitan City 110 Dong 110 Dong c. Investment Project Costs: 35,000,000 won - Building rental deposit 10,000,000 won - Non-goods and premiums 25,000,000 won
1. A partner shall operate the business by bearing 50% each of the investment expenses; and
2.The distribution of earnings shall be made out of the total amount of earnings, and fifty per cent thereof.
3. If one of the partners is unable to run his business, the remaining one shall acquire the equity interest or liquidate the place of business by selling it.
C. On December 12, 2013, the Plaintiff entered into a contract with the Defendant on November 1, 2013 to partially modify the content of the business partnership agreement (hereinafter “instant modified contract”), and entered into a contract on December 12, 2013 with the following content (a evidence No. 3; hereinafter “instant modified contract”).
Agreement for the Change of Partnership Business
2. Extension of the scope of real estate brokerage services by registering an additional brokerage office in a place of business change under the same business contract (revision).