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(영문) 부산지방법원 2014.06.13 2013가단70510
약정금
Text

1. The Defendant’s KRW 32,500,000 as well as annual 5% from March 28, 2013 to June 13, 2014 to the Plaintiff.

Reasons

1. Around October 2009, the Plaintiff and the Defendant entered into an agreement with the head of the Dong (BAR; hereinafter “instant main offices”) to operate the Dong (hereinafter “instant main offices”) (hereinafter “instant Dong”), and entered into an agreement with the following contents on April 29, 2010.

1. In operating a place of business (D main points in Busan Metropolitan City, Busan Metropolitan City), the Plaintiff will take over a deposit with the Defendant for the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the premium of KRW 30 million and the premium of KRW 90 million to the Defendant and operate the business.

2. In order to invest in the Defendant, the Plaintiff shall pay the investment amount as above, and bear the same half of all business profits and losses.

3. When the business relationship is terminated, the defendant must dispose of it with the plaintiff, and if the sale exceeds the first premium (90 million won) in the disposal, the excess profit shall be divided by 50% without fail.

Provided, That real estate brokerage fees shall be excluded.

4. In cases of sale not exceeding KRW 90,000,000, the defendant shall not bear the loss;

(hereinafter omitted) As the main place of this case’s funeral was unexpectedly unforeseeable, conflicts have occurred over the issue of loss sharing between the Plaintiff and the Defendant. Around August 18, 2011, the Defendant continued and divingd with the Plaintiff.

On December 8, 2011, the Plaintiff received a refund of KRW 10,200,000,000 from the owner of the building who delivered the said main points to the owner of the building and deducted the fact that the said main points are sealed, and the premium was not recovered.

[Ground of recognition] Unsatisfy, Gap 1-6 evidence, purport of whole pleadings

2. According to the cause of claim and the facts of the above recognition, as a result of the instant club business, the Plaintiff incurred a loss of KRW 125 million, excluding KRW 10,500,000,000,000, out of the Plaintiff’s investment deposit of KRW 135,000,000, and thus, the Defendant is obligated to bear half of the amount pursuant to Article 2 of the instant club business agreement

However, the defendant already paid KRW 30 million, and the plaintiff also paid the same amount as the defendant pursuant to paragraph 2 of the agreement of the same case.

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