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(영문) 서울서부지방법원 2016.09.28 2016가합1175
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In September 2009, the Defendant entered into a partnership business agreement with the Plaintiff on the operation of excessive store (hereinafter “instant partnership business agreement”), and the Plaintiff agreed to provide Category C 9 Doll Doll 9 and 214 (hereinafter “instant store”). The Defendant actually run the store after having provided the instant store with the business facilities for excessive store, and the said store with the Plaintiff as the debtor for the interest on the loan (hereinafter “the instant loan”), which is the secured debt of the right to collateral security (hereinafter “the instant loan”), set up in the said store, to share the Defendant’s profits, Defendant 60% of the sales revenue, and Plaintiff 40% of the Plaintiff.

B. The ground for dissolution of a partnership and the notice of termination of the partnership contract 1) The Defendant received the instant store from the Plaintiff and started construction work, including interior, etc., and registered business as to over-the-counter retail business with the name of the Defendant as the representative on March 5, 2010, but around that time, it was short and short due to disputes between the shop executor and the Si construction, etc.

9. On 13. A fire that could not identify the cause of the said store (hereinafter “instant fire”) was not actually operated due to the occurrence of the fire, etc.

2) The Defendant paid the amount equivalent to the interest on the instant loan by August 2010, but ceased payment after the instant fire. On the other hand, the instant store was dissolved due to the said fire, and all of the barracks-in facilities, the construction of which was 95% by which was 95%. Moreover, the instant store was in a state in which the number of power supply and water was continued even thereafter, and its operation was impossible. 3) Thereafter, the instant fire between the Plaintiff and the Defendant.

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