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(영문) 의정부지방법원 2018.09.14 2017가단129070
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 12, 2017, the Plaintiff and the Defendant entered into a partnership agreement to operate the restaurant “D” on the Dongdaemun-gu Seoul, Dongdaemun-gu C and the first floor (hereinafter “instant partnership agreement”) as follows.

Article 1. The defendant's obligation to invest in the Mex of Mex of Mex of Mex of Mex of Mex of Mex of Mex of Mex

Article 3. The business operation obligation of the Sp puts of the Plaintiff [the Plaintiff] The Plaintiff shall manage the above business and manage the property as a good manager, and shall faithfully perform all the obligations against the Defendant.

Article 4. The Plaintiff shall distribute the profit equivalent to 50% of the monthly profit from February 12, 2017 to the sale of the business establishment to the Defendant, and shall present the simultaneous balance sheet to the Defendant.

Article 5. The duty of representation of the Sp putbacker Plaintiff) Transactions with third parties necessary for the management of the above business, business title, and other activities incidental to the business shall be represented by the Plaintiff and the rights shall be acquired by the Plaintiff.

Article 6. The plaintiff shall present in writing the matters concerning accounting and the balance sheet concerning the business and transactions at any time at the request of the defendant, and shall report the overall business.

B. The Plaintiff, who was entrusted with the interior work to the construction business operator E, was the Defendant deposited KRW 5 million on March 3, 2017 with the Plaintiff as a financing for the interior work cost.

C. However, on March 14, 2017, the Defendant registered his/her business with the trade name “D” under the Defendant’s sole name, and around that time, directly entrusted interior works to E, and directly paid KRW 18,848,00 (i.e., KRW 5 million on March 17, 2017, KRW 9 million on March 30, 2017) as the interior construction cost (i.e., KRW 4,848,00 on March 31, 2017).

Meanwhile, the Defendant is the Plaintiff’s side in the name of Defendant F on March 2017, 200,000 won under the name of Defendant F, as the compensation for the interior works that the Plaintiff paid to the Plaintiff.

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