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(영문) 인천지방법원 2019.06.14 2018가합55851
기타(금전)
Text

1. The Defendants shall jointly and severally serve as KRW 195,00,000 on the Plaintiff and as a result, from April 12, 2019 to June 14, 2019.

Reasons

Basic Facts

[Contract for the Operation of Direct Camping Zone] Defendant B and the representative Plaintiff signed a contract for the operation and management business partnership of the camping Zone in this case as follows.

Article 1 (Purpose) The Defendant B and the Plaintiff Parties agree to cooperate with each other in the operation of the camping site in a strategic manner for the promotion of sales, etc., and the Defendant B and the Plaintiff actively cooperate with each other for the purpose of substantial increase of sales, etc., and actively cooperate with the marketing, advertising, and support policies planned by Defendant B.

Article 2 (Term of Contract)

2. In principle, a contract shall be concluded from January 1, 2014 to December 31, 2018;

Article 3 (Conditions and Details of Settlement)

2. Defendant B and the Plaintiff shall settle monthly the accounts of Defendant B, 40%, and Plaintiff 40%, excluding 20% of marketing costs, from total sales (gly lamps).

(hereinafter omitted)

3. The Plaintiff shall support the operation of 30 equipment necessary for the operation of the glamping box for 5 years.

8. In the event that Defendant B and the Plaintiff fail to perform their contractual duties for reasons other than Article 2(2), Defendant B and the Plaintiff shall compensate twice the expenses incurred in installing camping facilities (Defendant B) and glamis (Plaintiffs).

9. The Plaintiff shall pay KRW 50 million to Defendant B when entering into a contract.

Provided, That in order to ensure the smooth operation, the salesroom equipment (gly lamps) may be used as a substitute for the deposit.

On December 15, 2013, the Plaintiff entered into a campaign site operation contract (hereinafter “instant contract”) with the Defendants (hereinafter “instant camping site”) and drafted the instant contract including the following:

(A) The nominal owner of the instant contract is only Defendant B, or the Defendants jointly operated the instant camping site, and there is no dispute between the parties that entered into the instant contract with the Plaintiff. The Plaintiff is an account under the name of Defendant C over four times from December 23, 2013 to May 15, 2015 in relation to the instant contract, including KRW 50,000,000,000,000 for sales deposit under Article 3(9) of the instant contract.

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