Text
1. Defendant (Counterclaim Plaintiff) B: (a) KRW 93,071,974 against the Plaintiff (Counterclaim Defendant) and its related amount from July 7, 2015 to February 8, 2018.
Reasons
Basic Facts
On November 21, 2012, Defendant B entered into a joint agreement with D Co., Ltd. (hereinafter referred to as “D”) and Defendant B to jointly carry on coffee stores in Yongsan-gu Seoul E stores (hereinafter referred to as “instant stores”) by investing facilities equivalent to KRW 180,00,000, and KRW 310,000 in each facility.
Around November 10, 2012, around November 10, 2012, Defendant B entered into a premium contract with the former lessee F for the instant store and paid KRW 150 million for the premium around that time. On November 21, 2012, Defendant B entered into a lease contract with the owner of the instant store in the name of G and Defendant B, who is the owner of the instant building, with a rent of KRW 40 million per month for the instant store in the name of Defendant B and completed the registration of the business under D and Defendant B’s name.
On April 1, 2013, the Plaintiff entered into a contract with D to take over the instant coffee specialty, and entered into a joint agreement with Defendant B on April 1, 2013, and the main contents thereof are as follows.
2. The place of business shall be registered as the business operator as Defendant B and one other directly operated by the Plaintiff, and the store management, settlement, and operation shall be entirely responsible for B (referring to the Plaintiff; hereinafter the same shall apply);
3. Of the total investment amount of KRW 490,00,000 (the defendant B refers to the defendant B; hereinafter the same shall apply), Gap (the defendant B shall apply) shall make an investment of KRW 180,00,000 and KRW 310,00,000 for Eul shall make a joint project with shares of KRW 37:63, respectively, and the ownership ratio of all assets (including assets or rights related to the joint project in kind, on deposit basis, on deposit basis, on deposit basis, on deposit basis, or under any other name) related to the operation of the project shall also be 37:63;
(b) A: 180,00,000 won for security deposit and real estate premium: 310,000,000 won for security deposit and real estate premium: equipment expenses and equipment (in kind)
6. The monthly business performance shall be reduced from the beginning of the month to the last day of the month, and shall be divided into Gap and Eul according to the monthly profit and loss of the directly operated store concerned by the 10th of the following month.