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(영문) 서울남부지방법원 2019.02.21 2017가단253908
약정금
Text

1. The Defendant’s KRW 150,000,000 and the Plaintiff’s annual amount of KRW 5% from September 12, 2017 to January 8, 2018.

Reasons

1. Basic facts

A. On March 18, 2017, the Plaintiff and the Defendant drafted a standard contract for joint operation (hereinafter “instant contract”) with the content that the Plaintiff would operate a D kindergarten (hereinafter “instant kindergarten”) established by the Defendant on the 1st underground floor and the 4th ground-based building (hereinafter “instant land and building”) located outside Gyeyang-gu Incheon, Gyeyang-gu, and the 1st century (hereinafter “instant kindergarten”).

B. Of the instant contract, the part relating to the instant issues is as follows.

The Defendant (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) who have established D Kindergartens (hereinafter referred to as “Dong Educational Institution”) to jointly operate the same educational institution and enter into a contract as follows.

Article 2. The term of contract for joint operation (1) The term of contract for this joint operation is from September 1, 2017 to August 31, 202.

Article 3 (Investment in Kind and Provision of Security) (1) A shall provide all facilities of the relevant educational institution (including non-goods).

(2) Eul shall provide Gap with an investment-in-kind amount of KRW 300 million up to August 31, 2017, for a faithful operation as a professional manager.

(3) B shall pay the contribution in kind as follows by the method designated by A:

20 million won of down payment to contract date and intermediate payment of KRW 130 million to March 24, 2017, the remainder of KRW 150 million to August 31, 2017, the distribution of revenues of Article 4 on August 31, 2017 (i) The payment of KRW 650,000 to February 2018 and KRW 5.65 million to the end of each month, regardless of the profit or loss from the commencement date of the contract period to the end of each month.

(3) Proceeds when Eul makes an additional deposit of KRW 100 million shall be KRW 5 million per month.

Article 5(2)(1) A shall have the authority of representative operation as a good and creative operator of the educational institution.

(6) A shall not participate in any operation of the relevant educational institution.

Provided, That the repair of external duties and facilities (e.g., leakage and rupture) upon request for cooperation from B shall be performed.

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