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(영문) 서울동부지방법원 2019.10.24 2018가합114288
약정금
Text

1. The Defendant’s KRW 252,77,073 as well as 5% per annum from October 27, 2018 to October 24, 2019 to the Plaintiff.

Reasons

(6)Except as set forth above, Article VII (Disposition of Facilities after the Termination of the Investment and Contract)(1) of the Terms and Conditions that Party A approves upon request of Party A for the operation of a restaurant within the premises of Party A, may make an investment (95 million won ceiling) in consultation with Party A, and ownership for the investment portion shall exist.

2) The depreciation of facilities and equipment invested by B shall be subject to five-year equal installment methods. 3) If the depreciation period has expired earlier or the contract has expired, the remainder of the investment of B shall be transferred to A, and the remaining ownership shall be transferred to B immediately upon receiving the compensation for the remainder.

Article 9(Claims for Meal Expenses and Payment) 1) B shall settle the following meal costs (including VAT) with respect to food materials (including food materials costs, personnel expenses, expenses, depreciation costs, and fees) (1) Food materials costs: the number of food resources (settlement period)* 3,100 won (the first 3,100 won, as stipulated in the trade name) and then change later:

(2) Personnel expenses: One dietitian, two cooks, and two cooks (minimum 12), the actual expenses for personnel expenses (minimum 12), among the expenses referred to in Article 6: The expenses claimed by Eul after the advance payment.

Article 10 (Compensation for Delay) Where A delays the payment of the price for meal service under Article 9, he/she may claim the amount equivalent to the statutory interest on the relevant price for meal service for delay as the liquidated interest for delay, and Gap shall pay the price for delay, including the liquidated interest.

(c).

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