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1. The Defendant’s KRW 37,00,000 as well as 5% per annum from October 13, 2018 to December 19, 2018 to the Plaintiff.
Reasons
1.The following facts shall be without dispute between the parties:
The Plaintiff leased Nonparty C’s stores of the 1st underground floor of Mapo-gu Seoul Metropolitan Government Building on a deposit of KRW 20 million and KRW 2200,000,000 per month (including value-added tax) from Nonparty C, and entered into a contract with the Defendant on September 23, 2017 with the following content that the Defendant shall operate the said store and pay the Plaintiff KRW 1 million per month to the Plaintiff.
Article 1 [Obligation of the Plaintiff (Plaintiff) and B (Defendant)] A invested 20,000 won in lease, and the name of lease shall be B, but the details of extension shall run with the consent of the Party A.
Article 2 [Business Management Obligations] All business management shall be borne by B and shall be held responsible, and A shall not participate in any part of the business management in principle.
It is premised on helping investment at the beginning of the same project.
Article 3 [Duty to distribute Profits] B shall pay A profits of at least 1 million won per month from the beginning date to the termination of this Agreement from November 8 to the end of this Agreement.
(Provided, however, that the profit of the first month shall be 70 per cent). In principle, all liabilities for the profit and loss of the business shall be borne by Section B.
Article 4 (Duties of Representation) The transaction, name of business and other acts, rights and obligations incidental to the business with a third party necessary for the management of the above business shall be borne and acquired by Section B.
Provided, That in principle, the contents of the lease shall be made in accordance with Gap and the prize.
Article 5 (Liability for Loss) In operating a business, B shall be fully responsible for any loss incurred.
Section 6 (Term of Contract) This Agreement shall be from September 25, 2017 to September 24, 2019.
Article 7 (Termination of Contract) In principle, penalty shall be generated when a contract is terminated.
Penalty shall be KRW 3.2 million for the remaining month of the penalty.
Article 10 (Refund of Amount of Contribution) The premium at the time of acquiring B at the time of termination of this contract shall be set at KRW 25 million, and the lease deposit shall be set at KRW 25 million.