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(영문) 의정부지방법원 고양지원 2018.11.22 2017가단90496

수익금 지급청구

Text

1. The Defendant’s KRW 75,00,000 as well as the Plaintiff’s annual rate of KRW 5% from July 19, 2018 to November 22, 2018.

Reasons

1. Facts of recognition;

A. From November 22, 2015, the Plaintiff and the Defendant engaged in the beauty art room (hereinafter referred to as “D”) with the trade name “D” in the second floor 201 of the Ilyang-gu Incheon Metropolitan City C building 201.

The Plaintiff and the Defendant, upon commencing a club business, concluded a club business agreement on November 22, 2015 by determining the allocation of business start-up expenses, beauty art room operating methods, settlement of profits, distribution of expenses, etc., and drafted a written agreement around July 31, 2016 (hereinafter referred to as “amended agreement”) by modifying the operating methods, settlement of profits, etc. among the contents of the club business agreement.

The Defendant decided to make investments, distribute profits, and bear damages at the same ratio as the Plaintiff.

(Amount of investment KRW 76,230,456). (b)

The main contents of the amended agreement (1) shall be valid from August 1, 2016.

(2) Since August 1, 2016, the Hague shall be operated by the defendant and the defendant's wife.

The plaintiff and the plaintiff's wife (F) are not involved in operation.

Under this condition, the defendant shall pay the plaintiff's 500,000 won (including VAT) monthly proceeds to the plaintiff's side by the 7th day of the following month.

(3) Consultations related to business operation and profit-sharing shall be effective on a six-month basis (five-month basis in 2016), and automatic extension shall be made on a six-month basis unless the defendant makes a request for re-consultation.

The defendant side shall be 1.1 once a half year;

7.1. The plaintiff's side shall comply with the re-consultation. (4) If the monthly sales (in the case of below 35.0 million won per HandSOS standard, 5 million won per month shall be paid not later than the seventh day of the following month, but the plaintiff and the defendant may request the other party to re-consultation on the change and suspension of the operation of the Hague.

C. The Defendant paid to the Plaintiff KRW 5,000,000 each month in accordance with the modified agreement from September 2016 to December 2016.

The Plaintiff and the Defendant conducted a re-consultation on the alteration contract on December 2016, and the Defendant asserted that the distribution of profits would be changed to KRW 3,00,000 per month, and the Plaintiff would do so.