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(영문) 부산지방법원 2018.10.18 2017나44121
물품대금 등
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. (1) On October 4, 2012, the Plaintiff leased from the Korea Asset Management Corporation the first floor E-building in Busan, Jin-gu, Busan, which constitutes State property (hereinafter “instant restaurant”) a sub-lease contract between the Plaintiff and the Defendant.

(2) On November 20, 2012, the Plaintiff: (a) decided to sublease the instant restaurant to the Defendant at KRW 20,000,000, monthly rent of KRW 5,300,000; and (b) decided to prepare a partnership agreement in the form of a partnership agreement; and (c) drafted a partnership agreement with the following contents:

(2) The Defendant pays KRW 20,00,000 to the Plaintiff as a business subsidy, and the Plaintiff receives the said money in full.

3. The defendant shall pay KRW 5,300,000 among revenues to the plaintiff on the 20th of each month.

(Provided, That the term of the contract shall be from November 20, 2012 to October 2, 2014, and may be extended under mutual agreement at the time of his/her reappointment.

Provided, That if the term of office is not terminated on October 2, 2014, the defendant ordered the location of the business according to the expiration of the business contract, and the plaintiff shall pay the defendant the remainder after deducting all public charges, etc. to be borne by the defendant from the business subsidy of 20,000,000 won paid by the defendant, and the defendant shall not file a civil or criminal objection, regardless of its reason.

5. Taxes and public charges imposed under the name of the Plaintiff shall be borne by the Defendant.

(6) During the period of the partnership business, the Plaintiff does not participate in all business activities to the Defendant (shares and cash). 8. Upon the termination of the partnership business contract, KRW 20,000,000 of the partnership business subsidies kept by the Plaintiff.

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