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(영문) 대전지방법원서산지원 2020.08.11 2020가단50237
투자금 등
Text

1. The defendant's KRW 47.1 million and about this, 5% per annum from February 14, 2020 to August 11, 2020 to the plaintiff.

Reasons

1. The facts below the basis of facts do not conflict between the parties, or may be acknowledged in full view of the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 7.

On November 2016, the Plaintiff and the Defendant leased a building to make investments in facilities, such as interior services, etc. necessary for the operation of a child care center, and the Defendant made a verbal agreement to pay to the Plaintiff the amount of money and the investment principal every 500,000 won per month to the interest name on the investment in the above facilities by making the Plaintiff’s director of the C child care center as the building leased by the Plaintiff.

B. According to the foregoing agreement, the Plaintiff entered into a lease contract with the deposit deposit of KRW 20,000,000 monthly rent of KRW 930,000,000,000 from February 22, 2017 to February 21, 202, and paid KRW 28,20,000 at the interior cost of the toilet, etc.

C. On August 2017, the Plaintiff and the Defendant drafted a contract with the following content (hereinafter “instant trade agreement”).

The plaintiff and defendant shall enter into a contract for the takeover and operation of childcare centers.

On February 2, 2017, an oral contract was made to receive the acceptance money in monthly installments after accepting the overall operation of the Defendant by opening to the court.

However, the plaintiff, who has prepared for all of the openings, failed to open the openings for two months due to the design change, personal problems, and tried to renew the period of eight months and transfer all of the acceptances and operations to the defendant.

Capital, Investment Funds

1. The defendant shall be the head of the C Child Care Center who is currently operated by the C Child Care Center and shall be responsible for all school districts and houseings, and shall invest the current operation of the E Child Care Center.

2. The Plaintiff’s total amount of KRW 20 million, equipment expenses, and KRW 28.2 million invested in the opening of a child-care center.

Distribution of Profits for Operation

1. Child-care centers;

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