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(영문) 부산지방법원 동부지원 2018.07.12 2016가합102879
약정금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 344,852,823 and the interest rate thereon from August 11, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 10, 2014, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) with the following content:

(hereinafter referred to as “instant contract”). The Defendant Company (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) enter into a contract with respect to the sales contract for the “Ecafeteria” located in the 5th-class restaurant at the Ulsan D department store, Dong-dong, Seoul.

- - Sound

1. Contract term: Terms and conditions of the contract from March 1, 2014 to July 31, 2017;

A. “B” shall be paid KRW 200 million to “A”.

(Date of Payment: 50,000,000 won on November 17, 2014)

B. Until the expiration of the contract period, the store operation is entirely responsible for “A”.

C. “A” shall pay KRW 5,00,000,000 per month to “B” from December 16, 2014 to July 31, 2017, to “B” as profit.

The New Bank F.E. G, the monthly sales of which are paid to “A” on the 16th day of the following month, shall be owned by “B”, and the payment method shall transfer the remaining amount on the day except for “B” 5,000,000 won to the account designated by “A.”

The operating profit of at least 5,00,000 won paid to “B” monthly shall be “A”.

Even when a loss occurs, "A" is entirely liable.

E. After the termination of the contract, “A” shall return the initial purchase price of KRW 200 million to “B” without any condition, and the termination of the contract is also the same in the case of the cancellation of the contract even in the middle of the Ulsan D department store store.

F. In the event that a “B” fails to sell a “H restaurant” located in the Busan City Shipping Daegu, which is operated by the “B,” or the “A” is unable to perform entrusted operation, the operating profit paid to the “B” shall be paid in 7,000,000 won per month.

G. In a case where the payment of operating profit is delayed for more than two months, or where the initial sale price of KRW 200,000 is not returned after the contract is terminated, the sale and ownership of the deposit/facilities for the stores held by “A.”

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