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(영문) 서울중앙지방법원 2018.07.24 2016가단5260335
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) B and the Defendant C jointly share to the Plaintiff KRW 19,925,960, and the amount from August 30, 2014 to August 30, 2017.

Reasons

1. Basic facts

A. On September 9, 2013, the Plaintiff and Defendant B (However, the contracting party is the Defendants) entered into the instant consignment contract with the Plaintiff as the lessee, and Defendant B as the entrusted manager, on the part of the Plaintiff, with respect to the Embel located in Jongno-gu Seoul Metropolitan Government Emb (hereinafter “the instant franchise”). As a special agreement, Defendant B entered into the instant consignment contract with the contents of the instant franchise in the name of the Plaintiff, and the main contents thereof are as follows.

Article 5(1): Section B (referring to Defendant B) shall pay 40 million won for the entrusted management deposit to A (referring to the Plaintiff), and the down payment of KRW 20 million shall be paid to A within three months from the commencement of business on September 9, 2013 (the period shall be adjusted under mutual agreement, provided that it may not exceed five months), and the remainder of KRW 20 million shall be paid to A within the early 20 million.

(no more than two months). If this is made, this entrusted management shall be reversed, and Eul shall waive the down payment and all rights.

(1) Under the above condition, B shall make all profits from the operation of the franchise prior to the payment of 0,000 won to A by the daily settlement of accounts, and shall be deposited into the head of the Tong, only the deposit and withdrawal necessary for the business, and the funds operated may be used, but may not be used for other purposes of an individual.

Article 5(2): paragraph (2) of the same Article: On the 9th day of each month, 17 million won shall be paid monthly taxes and interest.

Article 7:B shall bear all expenses, taxes and public charges necessary for the management of the telecom, and shall not claim for any expenses incurred in relation to the business to A.

Article 8:All surtaxs, public charges and taxes on this location shall be paid by the entrusting manager.

B. On February 26, 2014, the Plaintiff paid only KRW 6.5 million out of the deposit 40 million as of February 26, 2014 and did not pay the remainder KRW 33.5 million.

The deposit shall be paid in KRW 20 million.

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