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(영문) 춘천지방법원원주지원 2019.06.18 2016가단31779
보증금반환
Text

1. Defendant C Co., Ltd.: 60,347,472 won, and 5% per annum from May 11, 2016 to June 18, 2019.

Reasons

1. Facts of recognition;

A. On September 3, 2015, the Plaintiff and A (hereinafter “Plaintiff”) concluded an investment and profit-making agreement (hereinafter “instant agreement”) with Defendant C Co., Ltd. (hereinafter “Defendant C”) with respect to brand G store located in the FM store located in the original city E (hereinafter “instant store”) in the original city.

1.The investments made by the Plaintiff, etc. under this Agreement are as follows:

Plaintiff

The plaintiff, etc. shall pay the down payment and the balance to the defendant C by the following date, and where the plaintiff, etc. fails to pay the balance by the payment date, this contract shall be automatically terminated and the down payment and the intermediate payment shall not

Total amount: Hocheon (including million won of a security deposit)

2. A plan to calculate the profit and to calculate the profit 1: Defendant C and the Plaintiff, etc. shall be calculated based on the profit from the Fmatel's original store, which was mutually agreed upon by Defendant C's brand or the store entrusted by Defendant C among the stores entrusted by Defendant C. The term "the profit from the store" shall be paid from the total sales of the store as set forth above the amount limited to the store fee and the cost of issuing the tax invoice for the store operation. The remainder of all taxes related to the profit of the Plaintiff, etc. shall be fully responsible to the Plaintiff, etc.: The Defendant C shall be 43 days after the approval date on the basis of the balance payment date of the investment funds of the Plaintiff, etc.

[Matters] ① to (4) The Defendant C, upon completion of this contract, shall carry out prompt work for transferring the subject store under the name of the Plaintiff, etc., and shall mobilize all possible measures to ensure smooth work progress.

In addition, any additional monetary enforcement after the completion of this contract shall not be received from the plaintiff, etc.

Provided, That for the personnel support, education, development of main office, etc., the amount of the head office may be claimed.

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