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(영문) 부산지방법원동부지원 2015.02.06 2014가단20518
구상금 등
Text

1. The Defendant’s KRW 27,779,843 as well as the Plaintiff’s annual rate from September 30, 2014 to February 6, 2015.

Reasons

1. Basic facts

A. On June 26, 2013, the Plaintiff entered into a partnership agreement with the Defendant to operate a mutually beneficial point.

The main contents of the above contract shall be as follows:

Article 1 (1) Investment Relationship (A) The Plaintiff (Plaintiff) is obligated to pay KRW 110,00,000 as a security deposit for a building, which is necessary for running C.

(2) “B” (Defendant) shall invest 95,00,000 won, such as facilities, equipment, furnitures, special equipment, and any other 95,00,000 won necessary for management of C.

Article 2 (1) In managing the above place of business, transactions with a third party, trade names, and all other acts incidental to the business shall be borne and acquired on behalf of the “B”.

(2) “B” distributes to “A” profits equivalent to 30% of the net profits, excluding monthly expenditures, from July 1, 2013 to the termination of the contract.

Article 3 (1) The determination shall be made with the consent of “A” and “B” in the disposal and sale of the above place of business.

(2) Unless there are special circumstances, this Agreement continues to exist until sale, and shall cease to exist with the consent of “A” and “B”.

(3) In relation to the allocation of premium for a premium arising from the disposal, sale, and transfer of a place of business, “A” shall preferentially allocate a maximum of KRW 90,000,000, and “B” shall acquire the remaining amount after allocating it to “A”.

Article 4. The term "B" shall pay taxes, rents, alcoholic beverages, beverages, food materials, public charges, etc. generated in the course of operation without paying unpaid taxes, and shall directly resolve the damage to buildings and civil or criminal matters (including fire) generated in the course of business.

B. On June 24, 2013, the Plaintiff invested KRW 110,000,000,000 in total, and entered into a lease contract on the 3,4th floor of the building located in Busan Jin-gu, Busan, and the same year.

7. After completing business registration, the Defendant started the operation of the above main points around that time.

C. The defendant is 12,717,650 won as the liquor price, etc. that is supplied with alcoholic beverages from Nonparty E during the above operation process.

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