(영문) 서울중앙지방법원 2014.11.07 2014가합21200

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(영문) 서울중앙지방법원 2014.11.07 2014가합21200

인수금

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1. The defendant shall pay to the plaintiff limited liability company KRW 39,141,973 and to the date of full payment from May 3, 2014.

Reasons

1. Basic facts

A. Since December 18, 2006, C operated the restaurant with the trade name “E” (hereinafter “instant restaurant”) in the first and second floors on the ground of the building located in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant building”).

C and the defendant shall prepare a contract for the distribution of profits related to the named E business (hereinafter referred to as the "business") as follows, and shall comply with it in accordance with the principle of mutual trust and good faith:

Article 1. 【Purpose】 The purpose of this Agreement is to contribute to the distribution of profits generated by the Defendant’s cash investment and participation in C’s projects.

Article 2 【Definitions】

1. The term "business" means that C takes over a right to all tangible and intangible property carried on and owned by Yongsan-gu Seoul Metropolitan Government D (Ground 1 and 2) under a separate contract for transfer or acquisition of a right comprehensively, and C shall participate in a new business of the defendant after the closure of the existing business, and the defendant shall pay C profits in accordance with the share ratio (40%) agreed to C;

【Investment Money】

1. Pursuant to this Agreement and upon completion of the Defendant’s cash investment, C closes the business run in Yongsan-gu Seoul Metropolitan Government D (Ground 1, 2) and makes it possible to run the business and shall participate in the business during the duration of the business and perform its obligations.

2. The Defendant pays 100 million won of the total amount of transfer and acquisition of rights and investment funds (hereinafter “investment funds”) on November 27, 2013 at the time of a contract, and pays 20 million won of the intermediate payment of the total amount of investment funds on December 9, 2013, and pays 100 million won of the remainder of the total amount of investment funds on December 20, 2013, and pays 80 million won of the total remainder to C by December 31, 2013.

【Distribution of Profits】

1. C and the defendant shall allocate to each month the total net income of the business: The defendant = 40/60; and

【Apportionment of Business】

1. C participates in all duties of the Defendant’s food and beverage business as a whole.

유사 판례

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