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(영문) 서울동부지방법원 2016.12.06 2015가합109902
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) KRW 848,480,000 for the Plaintiff and its related amount from June 6, 2012 to November 2015.

Reasons

1. Basic facts

A. A. On July 10, 2012, the Defendants and C Co., Ltd. (hereinafter referred to as “C”) entered into a partnership business agreement and a payment performance guarantee agreement with Defendant A Co., Ltd. (hereinafter referred to as “A”); (a) around July 10, 2012, franchise C entered into a partnership agreement with Defendant A Co., Ltd. (hereinafter referred to as “A”); and (b) Group A; (c) Group B 9 (Seoul, comprehensive sports grounds, literatures, year years, years, routes, 3 streets, rivers, rivers, rains, lusiumsiums), and two U.S. Partnership contracts with the Defendants as follows: (d) Dong business contracts with the Defendant Co., Ltd. (hereinafter referred to as “C”); and (d) agreements with the Defendant Co., Ltd. (hereinafter referred to as “A”); and (e) agreements with the Defendant Co., Ltd. as set forth the deposit money for each of the Defendant A’s joint representative director and Seoul P. 240 U.M.

1. (Planning) Defendant A (or Defendant B) will provide stores, and C will provide and operate all facilities, equipment, etc. following the establishment of stores;

2. All the powers arising from the goodwill, such as facilities, equipment, and fixtures of a store, shall be in C, and C shall be responsible for all the business affairs related to the management and the fund management in accordance with the business.

However, only the obligation and authority on the right of lease of the above store must be exercised by Defendant A (or Defendant B).

3. All public charges, taxes, value-added taxes, etc. are liable to C.

4. The period of this Agreement shall be 36 months from the date of the contract with the Seoul Matro. After maturity C shall restore the said store to its original state and, in principle, return the said store to Defendant A (or Defendant B), but may be extended upon mutual agreement by both parties.

6. When C terminates a contract at the time six months have not passed from the date of commencement of the contract, the defendant A or the defendant shall have the remainder after deducting the previously paid rent from the rent corresponding to the six-month portion.

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