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(영문) 광주지방법원순천지원 2016.10.06 2014가합13861
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 1,437,00,007 to the Defendant (Counterclaim Plaintiff) and its related amount from February 27, 2015 to October 6, 2016.

Reasons

1. Basic facts

A. The Defendant, at the 3th floor and 4th floor of the instant building, operated D Private Teaching Institutes, EFI Institutes, FIs Offices, and G (hereinafter “instant private teaching institutes”).

B. On April 26, 2012, while working in the English language and the president of the instant private teaching institute from March 2012, the Plaintiff prepared a partnership agreement on the operation of the private teaching institute (a evidence No. 1; hereinafter “this case’s partnership agreement”) with the Defendant on April 26, 2012 as follows.

Private teaching institutes: D Private Teaching Institutes, EF Teaching Institutes, F reading rooms, G addresses: 3, 4, 2 (Defendants) and A (Plaintiffs) shall jointly operate the said private teaching institutes and ancillary facilities from May 1, 2012.

1.The names of the above-mentioned private teaching institutes and ancillary facilities may be designated under the agreement.

Even if the name is another person, the operating authority is limited to B and A.

2. The lease deposit and the cost of investment in facilities shall be 50% each; and

The lease deposit shall be KRW 100 million, and the facility investment cost shall be KRW 90 million, respectively.

3. Rights and duties;

1. All rights and obligations relating to the lease of a building (including restoration to the original state to the third and fourth floor) shall be 50 per cent.

1. All the operating expenses shall be fifty per cent.

1. It shall distribute 50% of pure revenues, excluding operating expenses;

5. A contract shall be entered into with the EF Research Institute and G’s rental deposit of KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

Considering the depreciation of KRW 250 million for facility costs (including franchise fee, office fixtures, etc.), KRW 180,000,000 shall be considered as KRW 180,000,000 and KRW 90,000 for facility costs shall be paid to A as well as D.

6. Payment method and special facility cost of KRW 90 million, the down payment of KRW 50 million shall be paid on April 26, 2012.

The intermediate payment of KRW 10 million shall be paid up to May 26, 2012, and the remainder of KRW 30 million shall be paid up to 7% per month until the full payment is made.

(Provided, That interest shall be paid from the time the net profit dividend exceeds 50,000 won for each person): Provided, That the management 3th floor.

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