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(영문) 전주지방법원 2015.11.24 2014가단30553
위약금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit shall be.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be filed together.

1. Basic facts

A. On June 7, 2013, the Plaintiff: (a) provided the Plaintiff with cooking experience and technical skills accumulated for 30 years; and (b) entered into a partnership agreement with the Defendant to operate a restaurant by investing funds (hereinafter “instant partnership agreement”); and (c) the main contents of the agreement are as follows.

제1조 가게점포와 시설, 집기, 자금은 갑(이 사건 ‘피고’, 이하 같다)이 동원(투자)하고, 을(이 사건 ‘원고’, 이하 같다)이 그 동안의 양념물갈비, 비빔밤, 삼계탕 등 (음식메뉴 30가지)의 조리경력과 기술력을 5년간 갑과 공유하기로 한다.

Provided, That if both parties raise an objection after five years, it shall be extended for five years.

Article 2 Chain Points, Korean Food and Drug Education Expenses, and Profits from the increase and increase of stores shall be accumulated by 10% of the total net income, and the remainder shall be allocated to Gap and Eul to 50:50, respectively.

Article 3 Section A and B shall provide all expenses, such as interest rates, personnel expenses, rents, food materials expenses, taxes, public charges, taxes and other expenses, etc., to the amount invested in the operation of the total income, and the balance of the net income after accumulating 10% of the total net income shall be deemed the monthly settlement of accounts of 50:50, respectively.

Article 6. When the restaurant business is suspended due to the negligence of either Party A or B's negligence on the ground that the restaurant business is suspended or belongs to the restaurant, the party concerned shall be fully responsible for the loss.

Article 10 without prior consultation on penalty, or without any special reason, a person who destroys or causes damage in violation of this Agreement shall be paid an amount of KRW 50,000 as damages.

B. On June 14, 2013, the Plaintiff opened and operated the restaurant in the name of “D” (hereinafter “instant restaurant”) with the Defendant pursuant to the instant business agreement, and around August 15, 2013, the Defendant violated Article 3 of the instant business agreement.

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