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(영문) 대전지방법원 2018.02.01 2016가단213722
약정금
Text

1. The Plaintiff, Defendant E, and Defendant E, jointly and severally with Defendant E, shall be KRW 25,00,000, and the above money, Defendant C shall be KRW 15,00,000, and Defendant D shall be 10.

Reasons

Facts of recognition

The Plaintiff closed his/her business with the name of “G (hereinafter “instant restaurant”) in the official city in the public city, and as a result, the Plaintiff transferred the instant restaurant to the deceased B and Defendant E on November 18, 2015, while running the restaurant in the same business.

Accordingly, on November 18, 2015, the Plaintiff entered into a contract for the transfer and takeover of rights (hereinafter “instant transfer and takeover contract”) with the deceased B and Defendant E, with the amount of money for the instant restaurant’s transfer as KRW 50 million. However, considering the fact that the business is a partnership, the Plaintiff shall pay only KRW 25 million out of the above price to the Plaintiff, and the due date for payment was later entered into a contract for the transfer and takeover of rights (hereinafter “instant transfer and takeover contract”) with the content that the Plaintiff would return the lease deposit of the restaurant shop in this case.

On November 18, 2015, the Plaintiff, Dong B, and Defendant E signed a partnership agreement with the following contents (hereinafter “instant partnership agreement”).

The plaintiff, the plaintiff, the defendant Eul, and the defendant Eul will obtain permission at the restaurant address of this case and will operate the business together, and will enter into a contract as follows:

1. The plaintiff, the network B, and the defendant E shall bear all the expenses, and the calculation of profits and losses on a monthly basis.

8. The Plaintiff is not responsible for the sale and purchase of long-term fish sales facilities and is able to commence business until December 15, 2015, and is able to start business by December 15, 2015. However, it can be reduced due to circumstances.

On November 23, 2015, Defendant E entered into a lease agreement between Defendant E and the restaurant store of this case with respect to the lease deposit of KRW 50 million and the period from November 30, 2015 to November 30, 2017, and paid the lease deposit to the fetus.

After that, there was a conflict of opinion in the course of preparing the restaurant business of this case between the plaintiff, the deceased B, and the defendant E in accordance with the instant partnership agreement.

In January 2016, the deceased B and the defendant E shall be in front of the fetus.

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