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(영문) 인천지방법원부천지원 2019.01.08 2018가단114435
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff asserts that, under the business partnership with the defendant from August 20, 2009 to November 22, 2009, the plaintiff operated a restaurant with the trade name "D" on the Kimpo-si C and the first floor of Kimpo-si from November 22, 2009, and that from November 22, 2009, the defendant's investment in the plaintiff should be returned to the plaintiff and the plaintiff shall be paid in 2.50,000 won per month. Thus, the defendant shall pay to the plaintiff the agreed amount of KRW 58,00,000 per month from December 250 to December 201.

The plaintiff and the defendant operated the above restaurant from August 20, 2009 to November 22, 2009 and operated independently by the defendant from November 22, 2009. However, there is no dispute between the parties. Furthermore, the evidence submitted by the plaintiff alone is insufficient to recognize the existence of an agreement between the defendant and the plaintiff as asserted by the plaintiff.

Therefore, the plaintiff's assertion on different premise is without merit.

2. In conclusion, the claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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