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(영문) 대구지방법원서부지원 2013.10.31 2012가단12799
보증금반환등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 14,094,844 to the Plaintiff (Counterclaim Defendant) and its amount from May 10, 2012 to October 31, 2013.

Reasons

1. Basic facts

A. On March 24, 2010, the Plaintiff and the Defendant concluded a contract with the following terms and conditions (hereinafter “instant contract”) from May 1, 2010 to April 30, 2013. On March 25, 2010 and April 21, 2010, the Plaintiff paid KRW 20,000 to the Defendant the lease deposit.

The place of business of the agreement: Article 1 of the Daegu-gu 2-story C 376.58 square meters (hereinafter “instant place of business”) and the plaintiff and the defendant are engaged in the business as a partner’s relation.

Article 2 The plaintiff shall pay a deposit of KRW 20 million to the defendant, , , and 20 million, and the defendant shall return the deposit to the plaintiff when the contract is terminated.

Article 3 The plaintiff puts the facilities necessary for business as well as the main equipment.

Article 4 The plaintiff and the defendant shall distribute net income of the business to 65% and 35%.

(Business net profits shall refer to the remaining net profits after deducting all business expenses, such as food materials, personnel expenses, house taxes, taxes and public charges, etc., which are necessary for business.) After the termination of the contract under Article 5, the portion of premium (excluding facility expenses) shall be divided by 50% of the plaintiff and the defendant

Food materials necessary for the business under Article 7 shall be treated as business expenses from the stage of preparation.

Article 9 For the partnership business, the grace period shall be set without monthly rent until April 30, 2010, and it shall be disposed of as expenses, such as monthly rent 4 million won from May 30, 2010 to annual rent 4 million won, various taxes and public charges, etc.

(Provided, That in order to relieve the initial business burden, the defendant does not interfere with the management right of the plaintiff under Article 10 (the monthly rent shall be 300,000 won from May 201 to April 201).

(The exchange of opinions for the creation of better business under the mutual agreement shall be smooth) Article 11 of the Act on the Business Relationship between the plaintiff and the defendant shall be limited to the present agreement.

B. According to the instant contract, the Plaintiff and the Defendant, under the name of the Defendant, filed a business registration with the trade name “D” and then opened a restaurant in the instant business site (hereinafter “instant business”).

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