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(영문) 청주지방법원 충주지원 2017.03.22 2016가단5736
약정금
Text

1. The Defendant: 5% per annum from October 14, 2016 to March 22, 2017, and March 23, 2017, as to KRW 10,199,090 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. In full view of the purport of the argument in Gap evidence No. 1, the plaintiff and the defendant entered into a business partnership agreement (hereinafter referred to as "instant business partnership agreement") with the restaurant "D" located in Chungcheongnam-si, Chungcheongnam-si (hereinafter referred to as "D") on December 18, 2015 to May 29, 2016, taking into account the overall purport of the argument, the following facts can be acknowledged: (a) the main content of the instant agreement is as follows; (b) the defendant entered into the business registration of the instant restaurant and continues to operate the instant restaurant after the completion of the instant agreement; and (c) the fact that the defendant is operating the instant restaurant.

Article 1 [Obligation to Invested by Party A] and Party B (Plaintiff) determine the funds necessary to operate the store as KRW 120,000,000 (120,000), and Party A and Party B shall invest KRW 60,000 (60,000,000) in a concurrent manner, and each of them shall be 50% of the investment shares.

Provided, That Eul shall pay the interest of 3% per month for the loan amount of 51,000,000 (51,000,000) paid to Gap on the settlement date of each month.

II.(B)It is confirmed that the facility rights granted under Section B for the above-mentioned business have already been completed, and that the value has been assessed as KRW 120,000,000 (120,000) per day of gold.

Provided, That the liabilities for losses before September 30, 2015 shall be borne by Section B.

Article 3 [Liability for Profit and Loss] A shall be borne by 50% each by settling accounts of the profits, losses, and debts each month from October 1, 2015 to May 29, 2016.

Article 4 [Duties of Representation A] Transactions with third parties necessary for the management of the above business, trade names, and other actions incidental to the business shall be represented by A and the rights shall be borne by A.

B shall, after preparing and receiving this business contract, change the name of the permit and the business registration certificate to A.

Article 8 (Termination of Contract) Effective Date of Contract A is only KRW 60 million invested, KRW 51 million borrowed, KRW 10 million paid, KRW 10 million paid to Party A.

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