(영문) 의정부지방법원고양지원 2015.10.23 2014가단71883

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(영문) 의정부지방법원고양지원 2015.10.23 2014가단71883

약정금

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1. The defendant shall pay 83,50,000 won to the plaintiff and 57,000,000 won among them to the day of full payment.

Reasons

1. Basic facts

A. On May 30, 2013, the Plaintiff entered into a contract with the Defendant on May 15, 2013 with respect to the D Point (hereinafter “C”) and E Point (hereinafter “instant E Point”) including the following contents (hereinafter “instant contract”). On the other hand, F and G participated as the Defendant’s party in the instant contract and operated the instant store, and were to bear the duty of investment prohibition, but the Defendant left thereafter and solely assumed the duty of return of the proceeds under the instant contract.

Article 4 Detailed Terms and Conditions of Contract

1. The investment cost of the Plaintiff’s “Plaintiff” in the instant D Point is KRW 75,00,000.

(2) The right of KRW 50,000,000, among the investment costs of KRW 75,000,000 for the Plaintiff’s “Plaintiff” in the instant D Point, is against “Plaintiff”. After the termination of the contract, “Defendant” shall immediately repay deposit KRW 50,000,000 to the designated account with “Plaintiff”.

Provided, That where a contract is extended, the amount and the timing for repayment may be determined after mutual consultation.

(3) Of the investment cost of the Plaintiff’s “Plaintiff” 75,00,000,000 won, KRW 25,000,000 is the investment cost of the Plaintiff’s facility.

(4) Proceeds from the amount invested by the “won” of the instant D stores shall be KRW 3,00,000 per month, and the “Defendant” shall be paid in cash to the account designated by the “Plaintiff” on the 25th of each month.

The term of payment is until the expiration date of the contract under the Commercial Lease Protection Act, and the term of payment is automatically extended when the contract is extended.

Provided, That the investment earnings paid by the Defendant to “Plaintiff” shall be subject to the grace period of six months from the date of conclusion of the contract, and the amount not paid for six months shall be paid by adding up 300,000 won per month from seven months to seven months.

(5) In the event that the instant E stores are open to the public, and “the Defendant” is faithful to the technical transfer and store management work three times a week, the Plaintiff is called “the Plaintiff.”

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