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1. Of the judgment of the first instance on the principal lawsuit, the part against the Defendant (Counterclaim Plaintiff) shall be revoked, and that part shall be revoked.
Reasons
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be recognized by comprehensively taking account of the respective entries in Gap evidence 1, 2, 4-2, 3, and Eul evidence 23 and the whole purport of the pleadings:
On March 24, 2010, the Plaintiff and the Defendant entered into a contract with the following terms and conditions (hereinafter “instant contract”) from May 1, 2010 to April 30, 2013. Under the instant contract, the Plaintiff paid KRW 20,000,000 to the Defendant on March 25, 2010 and April 21, 2010.
The address of the place of business of the agreement: Daegu-gu 2nd floor C 376.58 square meters (hereinafter referred to as the "place of business of this case").
1. The plaintiff and the defendant shall conduct business in the relation of his/her partner with his/her trade name, as the relation of partner;
2. The plaintiff shall pay 20 million won to the defendant in order to operate the plaintiff in the form of a Si, Gun, Gun, and trade name, and the defendant shall return the deposit to the plaintiff when the contract is terminated
3. The Plaintiff’s additional facilities necessary for the Plaintiff’s business and the main equipment are collected.
4. The plaintiff and the defendant shall distribute net income to 65% and 35%.
(Business net profits shall refer to the remaining net profits after deducting all the expenses necessary for the business, such as food materials, personnel expenses, taxes and public charges, etc., from the business operations.
5. After the termination of the contract, the premium portion (excluding facility costs) portion is divided by 50% between the Plaintiff and the Defendant, respectively.
(A) In the event that the Plaintiff concludes the contract and the Defendant wishes to continue to conduct the same line of new technology, the Defendant shall pay 50% of the net profit per year to the Plaintiff as premium: Provided, That the Plaintiff and the Defendant shall be divided into 50% of the net profit from the business from the point of view of recognizing the trade name or all types of goodwill as the point of chain 1 without any separate franchise or separate expenses, and transfer Lepina Act necessary for the business.
7. Food materials necessary for business shall be treated as operating expenses from the stage of preparation.
8. Tax-related;