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(영문) 의정부지방법원 2018.11.22 2017나213754

약정금

Text

1.The judgment of the first instance, including a claim extended and reduced in the trial, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a member of a religious organization, who is in office in E company located in D at the time of Pakistan as a member of the religious organization.

B. On September 2015, the Plaintiff entered into a contract under which the Defendant and F (the Defendant’s her her son’s her son’s her son’s her her son’s her her her husband’s her her husband’s her her husband’s her husband’s her her husband’s her husband’s her her husband’s her her husband’s her husband’s her her husband’s her husband’s her “H” (hereinafter “instant club

C. On September 10, 2015, the Plaintiff leased G underground floor 114 square meters in his/her name in accordance with the instant trade contract, and then obtained the instant main shop business license around September 22, 2015. The Defendant operated the instant main shop from around that time to July 2016.

On July 19, 2016, the Plaintiff, the Defendant, and the F (the Defendant’s her husband’s agent on behalf of F) decided to terminate the instant club business agreement, and prepared a letter of agreement execution (hereinafter “each of the instant notes”) containing the following purport (only the part related to the instant case).

1. Taxes and public charges incurred during the period of the operation shall be liable and settled by the Defendant and F.

2. It shall transfer its business registration name and the name of a payer of various public charges to the defendant and the F.

3. To terminate the business account in the name of the Plaintiff used for the instant main office operation.

4. Defendant and F shall settle the amount of income deduction calculated by the Plaintiff and paying it to the Plaintiff.

Detailed details of tax deduction include ① KRW 1.5 million, spouse of a person who has rendered distinguished services to the State, KRW 70,000, KRW 1.5 million, KRW 70,000, KRW 2 million with disabilities, and KRW 6,000,000, KRW 2 million with disabilities. ② Donations: H 5,000, KRW 5,000, and one business registration is F.

3 million won in total of 8 million won

5. Total amount of income deduction of 6 million won as a donation of 8 million won = 14 million won per deposit.

(b) there is no dispute.