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(영문) 대구지방법원 2015.07.09 2015가합200191
약정금
Text

1. The defendant

(a) KRW 90,00,000 and for this, 5% per annum from February 3, 2015 to July 9, 2015 and the following:

Reasons

1. Facts of recognition;

A. In around 198, the Plaintiff and the Defendant established a company specializing in the production of gold as a club business and operated gold-making factories in Daegu Northern-gu C and D buildings (hereinafter “instant factory”).

The plaintiff and the defendant entered into an agreement on November 1, 201 on the settlement of the partnership relationship with the plaintiff on no longer than a disease.

B. The main contents of the contract entered into on November 1, 201 with the Plaintiff and the Defendant (hereinafter “instant settlement agreement”) are as follows in settling the partnership relationship between the Plaintiff and the Defendant:

(A) In the following cases, the monthly rent of KRW 5 million is the monthly rent to be paid by the Defendant under the instant settlement agreement, and KRW 10 million per month to be paid separately from the rent is the monthly settlement amount (hereinafter “monthly settlement amount”). Of the buildings operating the North-gu D factory in Daegu-gu, Daegu-si, the indication of leased goods, the C building is owned by the Defendant, and the D building is owned by the Plaintiff, instead of the Plaintiff, the Defendant leased and used the D building from the Plaintiff.

1. The defendant leased the above factory from the plaintiff on November 1, 201, and the lease period shall be until November 15, 2016.

Upon termination of the lease period, the plaintiff and the defendant may extend the contract under agreement.

2. The defendant shall pay to the plaintiff the monthly amount of million won as the monthly rent on the 15th of each month.

3. From November 201 to November 2016, the Defendant shall pay to the Plaintiff the gold-day KRW 10 million on the fifteenth day of each month for the gold that the said Plaintiff invested in the Defendant Company.

4. When the defendant does not pay the above amount to the plaintiff, he shall immediately return the above leased factory to the plaintiff.

C. On the other hand, the instant factory had 7 machinery costs owned by the Plaintiff, but the Plaintiff transferred this to the Defendant on November 1, 201, and the Plaintiff as the obligee and the Defendant as the obligor, and the following major contents are as follows.

It is not more than a notarial deed of a contract of repayment of collateral security.

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