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(영문) 인천지방법원 2019.01.18 2017가합54042

손해배상(기)

Text

1. The Defendant: (a) KRW 55,00,000 for each of the Plaintiffs and 5% per annum from October 23, 2017 to January 18, 2018; and (b).

Reasons

1. Basic facts: The name of the proprietor of the instant workplace under Article 1 of the Act refers to the type “G” of B (Plaintiff A refers to the Plaintiff; hereinafter the same shall apply).

The economic and legal responsibilities of the business transition group related to the management are imposed on Byung (the defendant refers to the defendant; the same shall apply hereinafter).

Article 2

1. A (Plaintiff B refers to the Plaintiff; hereinafter the same shall apply) and B shall invest 200 million won each;

Byung shall pay Gap and Eul each month from November 6, 2015 to the termination date of the contract as follows:

- Early three months: gold 5 million won per month - Three months: gold 10 million won per month;

2.C shall pay the agreed amount on the agreed date, even if he or she has suffered managerial loss as an operator of the foregoing business.

Article 3 In the event of the future liquidation of the workplace of this case, Byung shall guarantee the investment principal, and Gap and Eul shall pay 200 million won, respectively.

(Investment 400,000,000 won as security for the management of the workplace and Byung shall provide monthly rent deposit and goodwill of the workplace and its operating rights as security, which has been actually owned by the workplace (in Seo-gu, Seo-gu, I). It will be required to attach a later J name contract, certificate of seal impression, certificate of performance note.

b. The defendant written in his own pen.

Article 4. In the event that profits are generated from the increase in premium (135 million won on the present premium) through operations in the future, the total amount of profits shall be paid to Byung.

On November 6, 2015, the Plaintiffs and the Defendant entered into a partnership business agreement (hereinafter “instant partnership business agreement”) with respect to the operation of “E”, which is a restaurant selling land openings, etc., on the first floor of the building located in Bupyeong-gu Incheon Metropolitan Government and two lots of land (hereinafter “instant business establishment”). The details of the agreement are as follows.

The plaintiffs and the defendant were certified as a notary public F on the same day by No. 467 of 2015.

B. The Plaintiffs concluded a lease agreement with respect to the instant workplace in the name of G on October 15, 2015.