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(영문) 서울남부지방법원 2016.08.24 2016가단212603
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from April 16, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 2, 2015, the Plaintiff entered into a joint investment management agreement (hereinafter “instant agreement”) with the Defendant, a company operating food franchise business, etc., under the trade name called “B,” and the main contents thereof are as follows.

Article 1 The purpose of the contract and the defendant shall operate the joint investment management B business place, and distribute profits through mutual cooperation, and the plaintiff shall operate the following store on behalf of the plaintiff.

1. Location: Within the C Station of Seoul Metropolitan Government; and

2. A store: The period for operating joint investment in a store for the period under Article 2 of 12 square meters (4 square meters) shall be from November 2, 2015 to November 2, 2016;

Article 3. Investment Costs and Distribution of Profits

2. Written estimate of a store corresponding to the joint investment operation cost shall be attached to a separate sheet.

(A) After the lapse of the minimum operating period of the Defendant’s total facility investment cost for one year, the Plaintiff may terminate the contract.

Provided, That when a contract is terminated, the cost of investment in the facility shall be deemed extinguished.

3. The return on investment from the Plaintiff’s investment shall be at least 3.5 million won per month and shall be at least 10 million won.

Article 5 The Plaintiff shall pay 30 million won to the Defendant as a refund of profits from the joint investment management of the store, and when the Plaintiff’s unilateral termination of the contract, it shall offset the special franchise by KRW 10 million.

(10 million won at the time of the contract, and any balance shall not be less than three days before the date of open. Article 12 of the General Provisions

1. This contract may be modified only by written agreement between the plaintiff and the defendant.

2. Matters not provided for in this Agreement or there are differences in interpretation or interpretation should be subject to mutual agreement between the Plaintiff and the Defendant or general commercial practice.

Matters of special agreement

3. The place of operation after three months can be changed after the consent of the plaintiff and the defendant.

4. The investment cost of 20 million won shall be refunded at the time of relocation due to the change of a place within three months.

B. The Plaintiff on January 2015 to the Defendant.

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