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Reasons
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(영문) 서울중앙지방법원 2018.04.04 2017나44598
약정금
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1. Of the judgment of the court of first instance, the part against Defendant B in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On December 3, 2015, the Plaintiff paid KRW 30,000,00 as Defendant B and security deposit, and entered into an agreement with the Plaintiff to operate “F” inside the E basin located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul and to receive KRW 3,500,000 per month of wages and 50% of its earnings in return. The matters related to the instant agreement are as follows.

The term “A” refers to Defendant B, and “B” refers to the Plaintiff.

3. Even when the business is poor, “A” shall pay the prescribed salary to “B”.

9. In addition to notarial acts, this Agreement shall pay 30,000,000 won (deposit) immediately.

11. Determination of the minimum profit of “B” as KRW 3,500,000 per month;

(3,500,000 out of the profits accrued thereafter shall be paid by 50% after deduction.

(b) 50 per cent of net profits, excluding material cost, personnel cost, management cost, and all sales expenses).

Pursuant to the agreement, on December 3, 2015, the Plaintiff transferred KRW 30,000,000 to the national bank account in the name of Defendant C, who is a person of Defendant B, to the National Bank account in the name of Defendant C, and operated the said F from around that time to May 31, 2016.

C. The monthly sales, expenditure, profits, etc. of the F from January 2, 2016 to May 2016 are as listed in the following table:

(2) Table 1: 01: 101,48,200; 672,672,015; 13,00; 3,50; 776; 61,84; 604; 604; 605; 6305; 604; 604; 605; 6305; 604; 6305; 6306; 6305; 604; 6065; 6305; 604; 6305; 604; 6505; 1,601; 609; 6005; 6252,625,000; 300,500,500; 300,500; 6305; 637,506; 1964; 638,57,29;

D. Under the agreement, the Plaintiff transferred KRW 6,000,000 to January 21, 2016, KRW 3,000,000 on February 22, 2016, KRW 3,000,000 on April 7, 2016, KRW 3,000,000 on May 26, 2016, and KRW 22,00,000 on June 9, 2016, the Plaintiff received KRW 7,000,000 on June 9, 2016, and the said remittance was transferred to the national bank account in the name of the Defendant C, and under the name of N.

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