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(영문) 전주지방법원 2016.01.19 2015가단13067
약정금
Text

1. The Defendant’s KRW 70,000,000 as well as the annual rate of KRW 5% from March 5, 2015 to May 6, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On November 19, 2014, Nonparty C entered into a lease agreement with Nonparty D to continue to lease 27 square meters (5 square meters, divided into five square meters; hereinafter “instant store”) of the store operated by Nonparty D in YY-gu F in the Jeonsi-gu Seoul Special Metropolitan City, the former Special Metropolitan City of which was operated in its trade name, by setting the lease deposit amount of KRW 50 million, KRW 50 million per rent month, and the lease term from December 15, 2014 to December 14, 2019.

B. On November 2014, the Defendant decided to accept the instant store from Nonparty C with the premium of KRW 250 million from Nonparty C, and the instant store from Nonparty D was above.

on the same condition as the paragraph has been leased.

C. On January 22, 2015, the Plaintiff and the Defendant paid KRW 70 million to the Defendant as investment and jointly operated the instant store, and entered into an investment contract with the effect that the Plaintiff would distribute the earnings at the ratio of Plaintiff 35% and Defendant 65% each month (hereinafter “instant investment contract”), paid the Defendant the above KRW 70 million on the same day, and operated the instant store together with the Defendant.

Since then, there was a dispute between the plaintiff and the defendant regarding the distribution of profits, and the defendant agreed that the defendant will pay interest at the rate of 5% per annum from March 5, 2015 to April 10, 2015 to the defendant around April 2015 in order to settle the partnership relationship.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, 6, 7 evidence, Eul's 1, 2, and 6 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the facts established above, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the investment amount of KRW 70 million and delay damages therefrom, pursuant to the agreement on April 2015, barring any special circumstance.

In this regard, the defendant paid 50 million won premium and 2 million won per month from the defendant's store of this case.

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