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(영문) 서울고등법원 2016.01.29 2015나14923
추심금
Text

1. The judgment of the first instance court is modified by reflecting the Plaintiff’s reduction of claims in the trial as follows:

The defendant.

Reasons

1. Basic facts

A. C entered into a partnership agreement with the Defendant on April 4, 2012, on which the instant private teaching institute was operated by leasing and operating Gyeonggi-gun D and E, with the content that the Defendant jointly operates the instant private teaching institute, and the revenue and expenditure are 50% each, and that KRW 7,00,000 per month of the interest on loans in the name of C was recognized as the costs of the private teaching institute.

B. On May 9, 2012, the Defendant entered into a contract with C on several occasions with the following terms: (a) 50% of the shares of the instant private teaching institute; (b) C does not participate in the operation and management of the private teaching institute; and (c) the Defendant, regardless of profit, shall pay C the monthly rent of KRW 5,000,000 and interest of KRW 7,000,000, rent of KRW 3,330,000, and vehicle installments of KRW 25 days per month, including amending the contract as of April 4, 2012; and (d) concluded a contract with C on several occasions on November 3, 2012.

(hereinafter “instant contract”). Article 3 (Period), from April 4, 2012 to May 31, 2017, Article 4 (Contents) (1) for five years from April 4, 2012 to May 31, 2017, the operator of a private teaching institute is registered as a joint business proprietor C (hereinafter “A”) and the Defendant (hereinafter “B”), but the agreement is changed to B as a sole business operator immediately after the conclusion of this agreement.

② The liabilities of a private teaching institute incurred before May 1, 2012 are personal obligations of A, and the liabilities of a private teaching institute incurred after May 1, 2012 are personal obligations of B.

(4) At the same time as this contract is concluded, the name of the founder and the designation certificate shall be changed from A to B.

(8) A lease deposit and a right as a lessee of land located in a private teaching institute shall be transferred to B immediately after the contract is concluded, and the right shall be null and void at the time of contract termination

Article 5 (Payment) ① During the contract period, Eul shall pay 8,000,000 won per month to Gap.

(2) The interest accrued during the period from April 4, 2012 to October 30, 2012 shall be determined by a subsequent consultation.

(4) The H real estate management expenses shall be directly paid.

Article 6 (Compensation, etc. for Non-performance of Contract) (2) After the termination of the contract, A shall immediately make the debt to B during the joint operation period.

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