logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.12.01 2016가단119663
약정금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 22,50,000 to the Plaintiff (Counterclaim Defendant) and its amount from September 11, 2016 to December 1, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a broker assistant, and the Defendant, as a licensed real estate agent from the end of December 2014 to June 2, 2016, jointly operated a brokerage office under the trade name called “E Licensed Real Estate Agent Office” (hereinafter “instant brokerage office”) in the building D located in the Gu Government-si (E Licensed Real Estate Agent Office”).

B. Since the Defendant had a licensed real estate agent’s license, the Plaintiff and the Defendant concluded a lease agreement on the store of the instant brokerage office under the name of the Defendant (a lessor: F and lease deposit amount: KRW 30 million, monthly rent: KRW 1.1 million). The Defendant, who is a business entity of the Defendant, opened and used a G bank account (a number: H; hereinafter “business account”) in the name of the Defendant, and paid taxes, such as value-added tax, under the name of the Defendant.

C. The Plaintiff demanded the Defendant to deposit in order to prevent the case where the Defendant, who holds a licensed real estate agent’s qualification, voluntarily retires, and the Defendant deposited KRW 20 million with the Plaintiff as a deposit. The Plaintiff deposited this in the business account book and used it as the operating fund of the instant brokerage office.

On March 10, 2015, the Plaintiff borrowed KRW 10 million out of the lessor F as security the lease deposit amount of the store of the instant brokerage office.

Terms and Conditions of the termination of such business

1. Each letter shall be 1/2 of the premium portion for E-real estate and 1/2 of the deposit (20 million won). Operating expenses shall be 1/2 and shall be 1/2 of the disposal date;

2. Each letter will be 1/2 of the amount to be received I (26.2 million won). 3. J and K Plaintiff A, respectively.

L has the defendant.

4. The money that comes from the disposal of shares on June 2, 2016 shall be divided into 1/2 after operating expenses and tax settlement.

(e) The remaining money after the settlement of value-added tax (7 months) shall be appropriated as global income tax in 2016. The Plaintiff and the Defendant shall suspend the operation of the instant brokerage office and discontinue the business of the instant brokerage office on or before June 2, 2016, and shall provide the following terms and conditions of termination of the business (hereinafter referred to as “each of the instant letters”).

shall be completed.

arrow