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(영문) 서울중앙지방법원 2019.09.04 2018가합555893
손해배상
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 25,734,345, to the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On the second floor of the building in Jongno-gu Seoul Metropolitan Government, the Plaintiff operated a franchise restaurant (hereinafter “instant restaurant”), and entered into a partnership agreement with the Defendant on September 28, 2016 (hereinafter “instant partnership agreement”). On October 1, 2016, the Plaintiff entered into a separate agreement to be incorporated into the instant partnership agreement, and the details thereof are as follows.

The terms and conditions of a lease contract: The lease contract period of KRW 60 million (excluding value-added tax): From October 1, 2016 to September 30, 2018: the remainder payment of KRW 20 million: the remainder payment at the time of the contract: Article 2 (Determination of Investment Amount) of the separate payment contract after the sale of the store (Defendant’s operation) ① All facilities and rights of this place of business are owned by the Plaintiff, the total amount of KRW 60 million shall be invested in KRW 20 million, and all investments related to the business facilities shall be borne by the Plaintiff.

(2) Real estate lease contracts necessary for this workplace shall proceed by the defendant, and the total amount of deposit shall be KRW 40 million, out of KRW 60 million.

Article 4 (Methods of Distribution, etc. of Profits and Ratio of Distribution of Profits) (1) The sales of this place of business shall be made public and the distribution of profits shall be jointly owned.

(2) The business profits of the plaintiff and the defendant shall be determined respectively by 6:4.

(3) The defendant shall be separately paid benefits of operating income and 2.5 million won.

(4) The settlement of sales and earnings shall be entrusted to the Plaintiff, and a person in charge may be replaced by a consultation thereafter.

(5) Matters concerning income and expenditure of business sales and taxes shall be settled in comparison with the ratio.

(6) The business shall be settled at the end of each month, and earnings and monthly income shall be remitted on the second day of each month.

Article 8 (Liability for Loss) When any loss was incurred due to the management of the business in question, the plaintiff shall bear the total loss.

(1) This contract shall continue for two years, except in exceptional circumstances, and shall continue to exist for two years after the expiration of the contract.

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