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(영문) 청주지방법원 2017.12.21 2017나1050
약정금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Facts recognized;

A. On December 18, 2015, the Plaintiff and the Defendant entered into an agreement on the business of operating a restaurant (hereinafter “instant restaurant”) located in Chungcheongnam-si (hereinafter “instant restaurant”) to start a business from the same day to May 29, 2016 (hereinafter “instant agreement”), and the main contents thereof are as follows.

Article 1 [Obligation to Invested by Party A] and Party B (Plaintiffs) determine the funds necessary to operate the store as KRW 120,000,000 (120,000), and 50% of the investment shares by simultaneously investing KRW 60,000 (60,000), respectively.

Provided, That the plaintiff shall pay 3% interest per month to the defendant on the settlement date of each month for the loan amount of KRW 51,000,000 (51,00,000) received from the defendant.

II.[B] We confirm that the rights of the Plaintiff’s present business have been already completed, and that the value of the facilities has been assessed without objection by the original Defendant as KRW 120,000,000 (120,000) per day.

Provided, That the losses and obligations incurred before September 30, 2015 shall be borne by the plaintiff.

Article 3 [Liability for Profit and Loss] The original defendant shall settle the monthly profit, loss, and liability from October 1, 2015 to May 29, 2016 and bear 50% each, respectively.

Article 4 [Duties of Representation A] Transactions with third parties necessary for the management of the above business, trade names and other actions incidental to the business, shall be represented by the defendant and the defendant shall acquire the rights and obligations.

The plaintiff shall change the name of the permit and the name of the business registration certificate to the defendant after preparing and receiving the same business contract.

Article 8 (Termination of Contract) The Plaintiff appears to have made an obvious clerical error with the Defendant at the expiration of the contract, including KRW 60 million, KRW 51 million, KRW 10 million, and KRW 10 million,000,000,000,000.

(121,00,000) To acquire the facilities and rights of the defendant's share and terminate the agreement by paying the cost.

The defendant grants a change in the certificate of permission or a change in the business after receiving money to the plaintiff.

The plaintiff is the defendant.

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