(영문) 의정부지방법원 2018.01.26 2016가단125002

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(영문) 의정부지방법원 2018.01.26 2016가단125002

위약금 청구

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From April 2014, the Plaintiff is running a beauty business with the trade name “D” in Yangju-si.

B. On September 5, 2016, the Plaintiff and the Defendant drafted a partnership agreement with respect to D 2 points (hereinafter “instant store”).

(hereinafter “instant trade agreement”. Meanwhile, the Defendant asserts that there was no agreement between the Plaintiff and the Defendant on the same terms as the instant trade agreement, but there is no evidence to acknowledge it, and since the Defendant acknowledges that the name and signature of the Defendant under the instant trade agreement are the Defendant, the above assertion is not accepted). The Plaintiff (the Defendant) and B (the Defendant) enter into the same trade agreement in two weeks E and D2 as follows.

-Article 1: "A" and "B" shall be engaged in a joint business from September 5, 2016, and the name of the business shall be determined D and the representative shall be determined as "A".

Article 2:Shares in joint projects shall be 50% "A" and 50% "B", and all profits and expenses shall be distributed according to their shares.

Article 3: “A” and “B” shall share a rental deposit for the said workplace in accordance with the share ratio in Article 2 and shall additionally invest in accordance with their respective shares, if necessary for additional funds for the opening of the business.

Article 4:Expenses and liabilities related to the business after the business contract shall be responsible for each person's shares regardless of the closure of the business.

Article 5:Matters concerning the operation of D 2 points shall be executed by decision under mutual agreement.

[Matters of Special Agreement]

1. In principle, a written notice of the termination of a trade agreement shall be given in writing and in principle, mutual consultation shall be held; 2. At the time of termination (in the case of termination), the expected return fee shall be refunded to the partners;

(c).

Since then, the Plaintiff and the Defendant completed the preparation for the establishment of the instant store, and commenced the business from September 10, 2016, and operated the instant store between the Plaintiff and the Defendant on September 2016.

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