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(영문) 서울중앙지방법원 2019.02.15 2018가단5114559

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff has the brand called “C” and “D” and runs the food chain business, etc., and the Defendant, from October 28, 201 to October 28, 201, operated the head office with the trade name “F” in the Gwangjin-gu Seoul Special Metropolitan City E, 1, and 2 (hereinafter “instant store”).

B. On June 16, 2015, the Plaintiff and the Defendant entered into a joint investment contract with the C military branches (hereinafter “first contract”) on the following grounds: (a) the Plaintiff’s establishment and collection of facilities and equipment necessary for the test and operation of the Plaintiff; and (b) the Defendant invested the building at the place of business (the place of business, the store of this case); (c) the amount of investment shall be assessed as KRW 390,000,000 and KRW 50,000,000,000,000 won.

At the time of the initial contract, the Plaintiff and the Defendant agreed that ① the contract period shall be five years, and may be extended if mutual agreement exists (Article 2), ② the operation and management of the Plaintiff shall be determined by the Plaintiff, ③ the depreciation of the amount invested in the Plaintiff’s interior terms and facilities, ③ the Plaintiff’s overall progress (Article 3 and 4), ③ the Plaintiff’s depreciation of the amount invested in the Plaintiff’s interior terms and facilities, and the amount of depreciation for the total amount of 60,000 won each month shall be deducted from sales, the right to all the interior terms and facilities after the completion of depreciation shall be reverted to the Defendant (Article 6), ④ the business profit and loss generated from the workplace shall be distributed to the Defendant (Article 40, and Article 7), the total amount of depreciation of the Plaintiff shall be KRW 36,00,000,000,000 from the profits and losses calculated, and the remainder of the amount deducted each month shall be distributed to the

C. The Plaintiff operated a cafeteria with the trade name “C” on the first floor of the instant store in accordance with the initial contract, and “D” on the second floor, and opened a bank account in the name of the Defendant for each workplace and managed the funds for each workplace.

On May 25, 2016, the Plaintiff and the Defendant concluded a modified contract as follows.

① The Plaintiff’s monthly payment of the agreed amount to the Defendant shall be KRW 500,000,000 and the contract shall be terminated from 2018.