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(영문) 의정부지방법원고양지원 2017.06.15 2016가단91263
약정금
Text

1. The Defendant: (a) KRW 3 million to the Plaintiff; and (b) 5% per annum from November 7, 2016 to June 15, 2017.

Reasons

1. The fact that the Defendant, on August 18, 2016, acquired the business of “D Packing car” (hereinafter “instant store”) located on the first floor in Yongsan-gu, Busan Metropolitan City (hereinafter “Seoul Metropolitan City”), from E, KRW 80 million for the premium of KRW 50 million. On September 5, 2016, the Defendant concluded a lease agreement with F, the owner of the instant store, KRW 30 million for the rent of KRW 2850,00 for the rent of KRW 2850,000,000 for the rent of KRW 2 years from September 30, 2016.

Accordingly, from the beginning of October 2016, the instant store was operated. However, around October 10, 2016, a text message was sent to the Plaintiff, a branch of the instant store, stating that “I think that I would see that I will participate and operate the instant store as you do.” On October 14, 2016, the Plaintiff again sent a text message again to the Plaintiff, stating that “I am at the same time, I am going beyond the said match. (The instant store is not a bad and difficult.).”

On October 16, 2016, the Plaintiff agreed to operate the instant store jointly with the Defendant, and accordingly, the Plaintiff paid KRW 30 million to the Defendant on October 17, 2016.

However, G, who had worked in the instant store by the Plaintiff, brought a dispute with other employees, and H as the Defendant’s spouse, who is the nominal owner of the instant store, brought an objection against the Plaintiff. During that process, the Defendant’s position was difficult.

On October 25, 2016, the Plaintiff and the Defendant affixed their seals on the same trade contract with the following contents:

1. A (the expression of the defendant in this case) and B (the plaintiff in this case) jointly operate the store in this case.

2. The name of the business operator of the store in this case is C (H), but the parties to the contract are A and B, and the legal liability relating to the contract is attributed to A and B, and C and C are only the person who lends the name, and C and C do not interfere with the management settlement, dissolution, etc. of the company.

3. A shall bear 80 million won, B shall bear 50 million won, and C shall not be liable to do so.

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