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(영문) 서울고등법원 2018.10.05 2018나2004619
영업허가 변경절차 이행등
Text

1. Of the part concerning the claim by the plaintiff in the judgment of the court of first instance against the principal lawsuit, the amount of order ordering payment below.

Reasons

A. As to the performance of a monetary obligation and the operation of the entertainment tavern of this case, the following contract was concluded (hereinafter “the second agreement of this case”).

1. The contract for the transfer of an entertainment drinking house in the Gangnam-gu D, which the Defendant and the Plaintiff contracted on August 26, 2014, for the transfer of the entertainment drinking house in the instant case, is to terminate the transfer contract at the time when the Plaintiff repaid the amount borrowed from the Defendant, and to return the business operator and the permit immediately.

2. The Defendant borrowed 323,725,00 won in total from the Plaintiff, and the repayment date shall be five months from the open date ( November 10), and the above loan shall be repaid to the Plaintiff by no later than six months prior to the expiration of six months.

The plaintiff shall pay interest and bareboat profit to the defendant.

Of the borrowed money, the daily 200,000,000 won shall be the bareboat deposit, and the remainder of the borrowed money shall be 30,000 won per bareboat deposit (the bareboat profit shall be 30,000 won per bareboat); and

(B) A deposit of KRW 200,000,000 shall be substituted by the bareboat profit). (* A deposit of KRW 100,000,000 L: KRW 109,245,550,000 which is a day-to-day payment of KRW 323,725,000 which is a day-to-day payment of KRW 140,000 which is a day-to-day payment of KRW 323,725,000 which is paid to the Defendant.

3. The Plaintiff changed the terms and conditions of the contract concluded on August 26, 2014 between the Defendant and the Plaintiff to the position that the Plaintiff would pay 7% of the sales to the Defendant and 40,000 won per room, and the Plaintiff is liable for the entire payment of the MU’s benefits.

4. Marin subsidies shall be paid to the Defendant and the Plaintiff five to five, and subsidies 2,000,000 for L shall be paid by the Plaintiff.

However, if there is a subsidy to the business team later, the defendant and the plaintiff shall pay and decide the subsidy under the name of the plaintiff.

5. The Plaintiff shall pay the above amount to the Defendant at the lapse of five months, and if the Plaintiff fails to pay, he/she shall sell the instant entertainment tavern and repay the said amount. If the Plaintiff is unable to pay the said amount due to a failure to sell it, the contract concluded on August 26, 201 with the Defendant is reversed, and the Defendant is rent and the charge.

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