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1. Defendant B’s KRW 69,236,50 for the Plaintiff and KRW 5% per annum from December 8, 2017 to September 4, 2019.
Reasons
1. Facts of recognition;
A. On September 2017, the Plaintiff entered into a joint agreement with the Defendants on E located in Daegu-gun D (hereinafter “instant agreement”).
B. The main contents of the instant contract are as follows.
- The plaintiff contributes to KRW 100 million.
- E consists of screen golf courses (hereinafter “instant screen golf course”) and golf practice ranges (hereinafter “instant golf practice range”). The instant screen golf course shall be managed by the Plaintiff in whole, and its profits shall belong to Defendant B, and Defendant B shall pay to the Plaintiff KRW 5 million per month in personnel expenses for the operation of the Plaintiff.
- The instant golf driving range shall be managed by the Plaintiff as an individual workplace in the form of lease, and Defendant B shall pay the Plaintiff the profit earned by settling 10% of the card sales (value-added tax) and 300,000 won of the rent for machinery and equipment.
- The contract of this case shall continue to exist for a period of ten years unless there are special circumstances.
- When the contract of this case is terminated or terminated, the defendant B shall refund the amount of the plaintiff's investment within 30 days from the date of occurrence of the cause.
C. The Plaintiff’s KRW 30 million on August 1, 2017 and KRW 18.6 million on August 16, 2017, and the same year
9. June 3, 200,000 won, including KRW 83.6 million, invested in total, and participated in E operation from August 1, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. After the Plaintiff’s assertion entered into the instant contract with the Defendants, sales increase by faithfully operating the instant screen golf course and golf practice range. The Defendants unilaterally set aside the Plaintiff around October 2017 and eventually concluded the instant contract.
Therefore, the defendants are jointly obligated to pay the following money to the plaintiff.
① The Plaintiff’s paid principal of the invested capital KRW 83.6 million under the instant contract (2) KRW 20 million for personnel expenses for screen golf courses in this case (4 months from August 2017 to November 3)