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(영문) 광주지방법원 2017.10.31 2016가단521339
정산금
Text

1. Defendant C shall pay to the Plaintiff KRW 77,120,937 and the interest rate of KRW 15% per annum from August 31, 2016 to the date of full payment.

Reasons

1. The plaintiff's assertion

A. Defendant B Co., Ltd (hereinafter “Defendant B”) was established for the purpose of the production, distribution, processing, and marketing of agricultural products, and the owner of the company leased the first floor of the third floor above the third floor above the ground level (hereinafter “instant building”) constructed on the land outside Gwangju-gu, Gwangju-gu, and four lots and colored the person operating a restaurant and a sales outlet.

B. Around December 2013, the Plaintiff established G Co., Ltd. (hereinafter “G”) with Defendant D and F for the purpose of selling livestock products, restaurant business, etc. under Defendant C’s main lines, and concluded a business agreement with Defendant D and F, whereby part of the 1st floor of the instant building was leased from Defendant B about approximately 408 square meters (hereinafter “instant store”) and one restaurant (hereinafter “instant restaurant”), approximately approximately 160 square meters, and fixed meat processing and selling stores (hereinafter “instant store”). At approximately 160 square meters, the Plaintiff concluded a business agreement with Defendant D to operate the instant restaurant with the intent of operating the said store with approximately 248 square meters. The Plaintiff signed a business agreement with 2.5/8 equity, 1.5/8 equity, and 4/8 equity.

(hereinafter referred to as the “instant trade agreement”). (c)

On December 24, 2013, the Plaintiff and Defendant D and F (hereinafter referred to as “instant partners”) leased the instant store from Defendant B with the lease deposit of KRW 300 million, monthly rent of KRW 17.4 million, and the lease term from January 1, 2014 to March 31, 2016.

However, the instant restaurant is a taxable place, and the instant store is necessary to conclude a lease contract separately with respect to each workplace as a duty-free place of business, and the instant partners, from Defendant B on December 24, 2013, entered into a lease contract in the form of a lease agreement to lease the instant restaurant in the name of Defendant H, Defendant D’s wife, and each of the instant stores in the name of Defendant D.

E. Pursuant to the instant trade agreement, the Plaintiff’s total sum of KRW 250 million from December 7, 2013 to February 14, 2014, and F, on February 28, 2014.

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