(영문) 대구지방법원 2017.11.03 2017나308482

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(영문) 대구지방법원 2017.11.03 2017나308482

임금 반환 등

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) On March 24, 2010, the Plaintiff and the Defendant enter into a contract with the following terms and conditions as between May 1, 2010 and April 30, 2013 (hereinafter “instant contract”).

A) The address of the place of business was concluded. The address of the place of business is Daegu-gu C2-story 376.58 square meters (hereinafter “instant place of business”).

A person shall be appointed.

1. The plaintiff and the defendant shall conduct business in the relation of his/her partner with his/her trade name, as the relation of partner;

2. The defendant shall pay the plaintiff a deposit of KRW 20 million in order to operate in the form of a Si/Gun/Gu, Si/Gun/ trade name, and the plaintiff shall return the deposit to the defendant when the contract is terminated.

3. The defendant shall place a facility necessary for business in addition to the necessary business and a houseper.

4. The plaintiff and the defendant shall distribute net income to 35% and 65%.

(Business net profit refers to the remaining net profit after deducting all business expenses, such as food materials, personnel expenses, house taxes, taxes and public charges, etc., which are necessary for the business). 5. After the termination of the contract, the portion of the premium (excluding facility expenses) shall be divided by 50% for the Plaintiff and the Defendant, respectively (where the Defendant concludes the contract and the Plaintiff intends to continue to operate the same me, the Plaintiff shall pay 50% of the net profit per year to the Defendant as premium: Provided, That where the trade name or all business rights are recognized as 1: (a) the Plaintiff shall be recognized as 1; and (b) the Lepina Act necessary for the business without any separate franchise or other expenses; and (c) the re-contract is made on June 2013, 2013, the business net profit shall be divided by 50% for each of the Plaintiff and the Defendant.

7. Food materials necessary for business shall be treated as operating expenses from the stage of preparation.

8. Matters concerning taxation shall be dealt with by requesting a certified tax accountant.

9. To operate the same business, a grace period shall be set without monthly taxes until April 30, 2010, and it shall be disposed of as expenses, such as KRW 4 million between May 30, 2010 and KRW 4 million, and various taxes and public charges, etc.

Provided, That from May 2010 to reduce the initial business burden.

유사 판례

-대구지방법원서부지원 2013.10.31 2012가단12799

-대구지방법원 2014.07.23 2013나19937

-창원지방법원 마산지원 2018.06.12 2017가단104753

-전주지방법원 2015.06.11 2014나6681

-광주지방법원 2018.07.13 2017가합1884