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(영문) 의정부지방법원 고양지원 2018.07.06 2017가합74460
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company that runs the Kim Ked-only restaurant chain business with the trade name, etc. of “C”.

In 2012 and around 2013, the Plaintiff paid expenses for the installation of the cafeteria and various kinds of business facilities to the Gangnam-gu Seoul Metropolitan Government D 1st basement store (hereinafter “instant store”), and concluded a sublease contract or franchise agreement with E and F, and had the other party operate the cafeteria at the said store.

The defendant of a written agreement and the plaintiff shall enter into a contract by agreement as follows:

1. The Defendant shall pay the Plaintiff fees of KRW 2 million per month on the first day of each month, when the Plaintiff used the rental deposit (26,890,000) paid to G through E and F, indoor and outer interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior, furniture, and various facilities, kitchen equipment, supplies, and business-related factors (22,140,000 won) for its business operation.

Where the payment of fees is delayed for a month or longer, overdue interest of 15% per month shall be paid.

2. The contract period shall be 24 months after the commencement of C business.

Provided, That the following conditions shall be subject to the following three and four terms:

3. C If the annual average monthly sales in 2016 are at least KRW 40 million, the Plaintiff shall undertake and operate the business, and the payment of KRW 2 million per month shall be suspended.

4. C If the monthly average sales of KRW 40 million per year in 2016 does not exceed the average monthly sales of KRW 2016, the Defendant continues to operate under one of the terms and conditions of the contract, and upon the Plaintiff’s request, transfer or acquisition for the preservation of investment funds may be made, and the Defendant shall be liable for the transfer or acquisition.

5. From 18 months after the commencement of C business, the defendant shall employ a plaintiff's family member or a branch employee.

6. A KRW 10 million out of the additional investment KRW 30 million shall be paid to the Defendant upon commencement of the business, along with the commencement of the business, by the Plaintiff, and the KRW 20 million shall be paid when the Plaintiff engages in the business acquired by C and directly.

7. The above terms and conditions of the contract are to be maintained under the G contract with the defendant.

except that.

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