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(영문) 서울동부지방법원 2015.01.08 2013가단123525
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) is entitled to KRW 7,150,31 to the Defendant (Counterclaim Plaintiff) and KRW 11,150,331 to the Defendant (Counterclaim Plaintiff) and the Plaintiff (Counterclaim Plaintiff).

Reasons

1. Facts of recognition;

A. On November 16, 2012, the Plaintiff entered into a business agreement with the Defendants to operate the said restaurant jointly and to divide the profits therefrom (hereinafter “instant business agreement”). The agreement (hereinafter “instant business agreement”) is written as follows.

[Attachment and Type of Business / A] A (referring to the plaintiff; hereinafter the same shall apply) and B (referring to the defendant; hereinafter the same shall apply) for all assets of E, including rental deposit (78,000,000 won a day-to-day deposit) and operate this business as agreed to do so.

Therefore, Eul's investment key is 60,000,000 won to Gap.

Of them, KRW 48,00,000 is owned by A, and the remainder amount of KRW 12,00,000 is agreed to be used as a business operation fund.

Article 1 (Obligation A) A shall enter into a contract under the name of Party A with the first floor underground of the Seocho-gu Seoul Metropolitan Government D Building, and shall take charge of all matters to ensure that the project is carried out smoothly.

Therefore, the name of the business operator was A.

Article 2(B)(Obligation)(A) shall pay the agreed investment funds to A, and shall be able to take responsibility for the operation by providing various management know-hows and operating human resources necessary for the operation of the E cafeteria facilities.

Article 3 (Distribution of Profits) In principle, the distribution of profits of this project shall be made to Gap and Eul at the same time.

Provided, That with respect to 10% of profits, the payment rate shall be the amount paid as the employee's performance rate in consultation between A and B.

Article 4 (Procedure and Time of Distribution of Profits) The distribution of profits of the Project shall be made by the tenth day of the following month after the end of each month, subject to prior consultation between A and B.

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