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(영문) 서울중앙지방법원 2020.08.26 2019가합557827
약정금
Text

1. The Defendant’s KRW 219,437,043 as well as 6% per annum from September 20, 2019 to August 26, 2020.

Reasons

1. Article 1 of the facts of recognition / [Purpose] This contract is operated and managed by the defendant's store of this case invested by the plaintiff.

Article 3 [Terms of Contracts]

3. The Defendant shall pay 5% of the sales (including value added taxes) accrued in the month to the Plaintiff on the 15th of the following month.

Provided, That where the 15th day is a holiday or national holiday, the remittance shall be made on the first business day of a financial institution after the lapse of a holiday.

4. The Plaintiff shall deposit KRW 300 million to the account designated by the Defendant before the contract with the lessor E Co., Ltd. (hereinafter “E”), and where the Plaintiff is unable to conduct its business any longer due to termination of the contract, termination of the contract, and termination of the contract, etc. and receives the deposit from E, the Defendant shall deduct the amount deducted from E such as management fees or rents from the Plaintiff and deposit the same amount into the bank account designated by the Plaintiff when returning the deposit.

5. The Plaintiff shall bear the cost of interior medicine cost of KRW 380,000,000 (additional tax).

6. If the plaintiff and the defendant terminate the contract while the contract is in progress under the agreement, the defendant shall pay the plaintiff the amount calculated by deducting 380 million won for the human test cost paid by the plaintiff as the business period of the plaintiff.

() The term of KRW 100 million (Additional Tax) contract: From January 1, 2016 to December 31, 2020 (5 years): The amount to be paid by the Defendant to the Plaintiff on December 31, 2018 (3 years): KRW 100,000 (2 years) x the remainder (5 years) / the contract period (5 years) / Article 5 [Contract Period] from December 1, 2016 to November 30, 2021. The Plaintiff bears the lease deposit and interior expenses between the Defendant and the Plaintiff on December 1, 2016 and the Plaintiff on December 31, 2021, as the trade name of Yeongdeungpo-gu, Yeongdeungpo-gu (hereinafter “C”).

(2) The term “investment contract of this case” refers to an investment contract with the content that operates the investment contract and distributes the profits to the Plaintiff.

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