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(영문) 서울중앙지방법원 2016.09.02 2015나69678
보증금반환
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The counterclaim of the Defendant (Counterclaim Plaintiff) brought at the trial shall be dismissed.

Reasons

1. Determination on the main claim

A. The facts of recognition 1) C around July 27, 2011, from E, 801 to 805 (hereinafter the above buildings are all referred to as the “instant building”).

(C) leased 150,000 won as the lease deposit. C commenced the internal interior interior interior tegrative work to operate a postnatal care center in the instant building, and around December 2012, G Postnatal Care Center (hereinafter “Postnatal Care Center”) is the instant postnatal care center.

(2) On November 9, 201, the Plaintiff entered into an agreement between C and C on the business partnership agreement with respect to D M&D in the instant postnatal care center (hereinafter “instant business partnership agreement”), and paid KRW 30 million to C.

The main contents of the Agreement on Business Partnership of this case are as follows.

The plaintiff shall provide the mother admitted to the postnatal care center of this case with a diagnosis once and a water-proof season management once.

Expenses shall be paid KRW 50,00 to the Plaintiff out of the expenses for waterproof season management.

Cupphones: 70,00 won per time, 300,000 won per time, 50,000 won per time;

H. The distribution of profits is C30% and 70% of the plaintiffs.

The Agreement on the Business Partnership of this case shall be valid for two years from the date of the signature of the two representatives, and shall be automatically extended two years in the same condition as this Agreement, unless there is a written notice from either party on the abolition of this Agreement one month prior to the expiration of the term of validity.

When the Plaintiff promised C to faithfully implement the Agreement on the Business Partnership of this case, it shall deposit KRW 30 million as performance guarantee with C’s account (Korean Bank J) on November 15, 201.

Upon the termination of the Agreement on Business Partnership of this case, C shall refund the performance bond to the Plaintiff within three days.

3) On January 3, 2013, the Defendant purchased the instant postnatal care center from C by transfer of the said postnatal care center (hereinafter “instant sales contract”).

AB concluded the agreement.

Article 2:150,000 won shall be reverted to C.

§ 3. General.

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