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(영문) 수원지방법원평택지원 2014.04.16 2012가단14024
양도대금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. On December 10, 2009, the Defendant, a representative director, entered into a “Embry Operation Agency Contract” with the Gangwon-do Crossing-gun D and its Japanese Embrypt owner council as follows, and F and the Defendant as the person in charge of pentry Operation, jointly and severally guaranteed the non-party company.

Section 1 (Lease Agreement) A (owner Council) shall lease the leased object to B (B) of the pention owner (hereinafter referred to as 11 G, 25 H, 20 Dong J, 18 Dong J, 19 Dong K, 3 Dong and 4 Dong L, 1 Dong M, 21 Dong N, and O), and B shall be leased and operated pursuant to the provisions of this Agreement.

Article 3 (Term of Contract) The consultation between A and B shall be adjusted and extended by December 10, 2009 to December 9, 201, and one month before the contract is terminated.

When a lessee (foreign company) performs a contract under the good faith and trust, he/she shall give the priority to the extension of the contract term.

Article 4 (Right to Use Lease object) B shall obtain the right to use lease object if the person in charge of management of pension operation and management submits to A a surety insurance policy equivalent to KRW 50 million for the right to lease of lease object owned by A, or if the person in charge of management of pension operation and management provides joint and several guarantees.

Article 6 (Facilities Management) (1) The structural defect repair (building aging, etc.) of a building shall be responsible for A, and Eul shall be responsible for the repair and management of existing facilities (electric and water) necessary for his/her business.

Article 7 (Distribution of Profits) (1) The distribution of profits shall be 65% on the side and 35% on the side, and all expenses, such as expenses for promotional materials production, public relations expenses, etc., shall be borne by B from the net profits excluding all expenses ( personnel expenses, management expenses, public charges, consumption expenses, oil expenses, etc.) from the total sales.

(6) Where monthly sales are not appropriated for all kinds of expenses, the relevant insufficient expenses shall be liable for such shortage.

7. Even if Eul's business is sub-consumed, the minimum rent shall be paid 20,000 won per month to Gap who is the owner of the pentent, by the 10th day of each month, and this contract shall not be paid to Gap for at least three consecutive months.

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