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(영문) 서울중앙지방법원 2017.11.28 2016가단66590
정산금
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the full amount of KRW 25,071,69 and its payment from December 17, 2016.

Reasons

1. Facts of recognition;

A. On November 30, 2012, the Plaintiff and the Defendant entered into an investment contract (hereinafter “instant investment contract”) with respect to B stores (hereinafter “instant store”). The main contents are as stated in the attached text of the contract.

B. The Defendant presented to the Plaintiff, prior to the conclusion of the instant investment contract, the monthly sales revenue amount of KRW 25,00,000 to KRW 30,000,000, KRW 8,750,000 to KRW 10,50,000 (sales revenue amount of KRW 35%), KRW 11,930,000 to KRW 13,480,000, operating revenue amount of KRW 4,320,000 to KRW 6,020,00, and KRW 30,000 to KRW 40,00,00 as additional evidence, and KRW 33,062,00,000 to KRW 30,00,000 to KRW 40,00 to KRW 10,00,00 to KRW 300,07,00 to KRW 40,07,00 to KRW 30,00,00 to KRW 27,07.

C. Under the instant investment contract, the Plaintiff paid 15,00,000 won for down payment on November 30, 2012, and 85,000,000 won for intermediate payment on December 5, 2012, and 90,000,000 won for the remainder on December 10, 201 of the same year, and paid 190,000,000 won as investments.

On November 9, 2012, the Defendant entered into a lease agreement with G and the store operating the instant store with a deposit of KRW 20,000,000, KRW 15% of the monthly rent sales, and the period from the open date of February 28, 2012 to February 28, 2014, and started business after opening the said store and opening the said store around December 10, 2012. The said lease agreement is concluded with the said lease agreement if either of the parties and the lessee do not express a separate intention in writing at least one month prior to the expiration of the lease term.

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