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(영문) 수원지방법원 안산지원 2018.10.05 2017가단56516
보증금반환
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) with KRW 995,448.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

(1) On January 15, 2015, the Plaintiff and the Defendant enter into a partnership agreement between the Plaintiff and the Defendant, and the Defendant, “Csansan store” (hereinafter “instant store”) whose business registration was completed by the Defendant.

(2) In relation to the business, the Plaintiff’s business agreement to operate the instant store for a period of one year from February 1, 2015 and pay to the Defendant the amount of five million won per month in return for the operation of the store (hereinafter “instant agreement”).

(1) The sales center of this case was concluded on January 1, 200, and its main contents are as follows:

hereinafter the same shall apply.

) he/she directly operates and is responsible for all the powers and responsibilities with respect to his/her operation. “A” (hereinafter referred to as “Defendant”).

hereinafter the same shall apply.

3. B is responsible for inventory, monthly rent, monthly wage of staff, etc. (other: insurance, D, telephone cost, Internet, etc.).

6. A shall bear income tax 3.3%, A shall bear value added tax and business income tax, and A shall bear up to the tax accountant’s expenses.

7. Of the expenses of burials and other expenditure, the expenses for permanent use shall be borne by the A; and

8. Eul shall deposit 30 million won as a security deposit to Gap and shall commence a partnership relationship with Gap.

(Ex Post Facto Omission)

9. The nature of the bond shall be paid within one week after the rescission of this contract by Section B.

Provided, That it may be deducted from the unpaid deposit when it is required to pay the expenses, such as inventory, deposit, monthly tax, etc.

14. A shall bear value-added taxes and income taxes, and shall subsidize 50% of the total tax costs in excess of 2 million won.

2) The Plaintiff paid KRW 30 million to the Defendant prior to the date of entering into the instant contract (hereinafter “instant deposit”) pursuant to Articles 8 and 9 of the instant contract (hereinafter “instant contract”).

(3) The Defendant, around January 2016, extended the period of the Plaintiff’s instant store operation from February 1, 2016 to January 31, 2017. However, the period of the Plaintiff’s store operation shall be extended by one year from January 1, 2016 to January 31, 2017.

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