Text
1. Defendant B shall pay to the Plaintiff KRW 300,00,000 and the interest rate of KRW 15% per annum from September 22, 2017 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff and Defendant B entered into a partnership agreement on May 15, 2013 with the aim to operate an entertainment business establishment, “I” (hereinafter “instant entertainment business establishment”) in the underground floor of the instant building on the fourth parcel, including Y (hereinafter “instant building”).
(hereinafter “instant trade agreement”). The main contents of the instant trade agreement relating to the instant case are as follows:
1. The period of operation under the entire H of the Plaintiff and Defendant B’s Dongcheon-si is 36 months from the commencement date of the business in 2013.
2. Since 36 months after the commencement of the business in 2013, Defendant B shall transfer to the Plaintiff all available names and rights lease agreements.
5. If the period of the partnership has expired after 36 months, the Plaintiff shall pay KRW 150 million to the Defendant B.
8. Defendant B does not engage in entertainment establishments for a period of 20 years within the Jincheon City, after the period of the Dong business in 2016 expires.
When the above contract is entered into, Defendant B shall pay to the Plaintiff the penalty of KRW 300 million.
10. Defendant B shall invest the initial investment cost of KRW 250 million to the Plaintiff and transfer all the rights to the Plaintiff and the title of the contract to the Plaintiff without refund of KRW 250 million initial investment amount, even after the expiration of the period of the partnership agreement.
B. On July 29, 2013, Defendant C, the owner of the instant building, entered into a lease agreement between D, E, F, and G with respect to underground floors of the instant building, as shown in attached Form 2, with the term of lease from July 29, 2013 to July 29, 2018.
On August 22, 2013, the Plaintiff and Defendant B commenced the instant entertainment tavern business after obtaining a business license specified in attached Table 1 in the name of Defendant C.
C. On July 29, 2016, the Plaintiff paid KRW 150 million to Defendant B pursuant to paragraph (5) of the instant trade agreement, and on the same day, the Plaintiff and the Defendants drafted the following factual certificates:
1. The denial by Defendant B of the name, permission for business, and business registration of the lessee with respect to the H-based (wholly) establishment.