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(영문) 서울서부지방법원 2018.02.02 2016가단11243
정산금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from September 21, 2016 to the day of complete payment.

Reasons

1. On January 7, 2015, the Plaintiff, along with the Defendant, formed a written agreement on the settlement with the Defendant (hereinafter “instant agreement on the settlement of accounts”) to operate the massage practice in Seoul (hereinafter “instant massage practice”), to liquidate the relationship between the Plaintiff and the Defendant. The main contents of the agreement are as follows.

1. A refers to the Plaintiff, and B refers to the Defendant respectively.

Section B The partnership relationship between Section B and B (hereinafter referred to as the "main business establishment") shall be settled and the withdrawal shall be made by Section A, and Section B shall be paid to Section B with the settlement of accounts (Won 42,000,000).

2. The above settlement amount shall be paid to A for the first two million won on January 31, 2015, and shall be paid five million won on the last day of each month from February 2015 to September of the same year.

3. However, even before the expiration of the above repayment period, where Eul will receive the purchase price for Eul being disposed of on condition that the present place of business will meet, Eul may refund the remaining amount to Eul prior to the original place of business, and, on the contrary, it is impossible to conduct its business due to administrative regulations, criminal punishment, etc. concerning the present place of business, Gap shall suspend the payment period for Eul for the remaining period of time for Eul's business (the last period of payment shall not exceed December 31, 2015). 6. Provided, That where Eul is likely to cause administrative or criminal problems in the present place of business while continuing its business, and there is a concern of penalty, business suspension, and other various administrative sanctions, criminal punishment, etc., due to the occurrence of administrative or criminal problems in the present place of business, Eul may request Eul to assist a third party, and, in such case, Gap shall cooperate with him/her as much as possible in accordance with the principle of trust and good faith within the permitted period of time.

The Defendant paid KRW 12 million out of the total amount of KRW 42 million as agreed upon in the instant settlement agreement to the Plaintiff, and did not pay the remainder of KRW 30 million to the Plaintiff.

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