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(영문) 인천지방법원부천지원 2016.11.29 2016가단1023
약정금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 100,000,000 and Defendant B with respect thereto from December 1, 2015, and Defendant C.

Reasons

(b) to the extent that the person has been corrected at least;

hereinafter referred to as “instant joint operation agreement”

(A) The Defendants: (a) The purpose of this Agreement is to stipulate all the terms and conditions between “A” and “B” in the operation of “B”. The sales and expenditure arising from the workplace of Articles 2 and 3 (Omission) and Article 4 (Distribution of Profits) are operated by “A,” but the profits determined by “B” are paid to “B” on the last day of each month. In the event that a profit is in arrears for three months, the right to operate a business may be sold without the consent of “B.” In this case, “B” may be sold without the consent of “B.” The share of Article 5(1) is 80%, “B” means 20%, “B” means the minimum profits, and “B” shall have interest of KRW 2 million per month, which is the minimum profits, and if there is any disadvantage in the workplace’s name, the withdrawal from the share in the name of another person shall be immediately changed by two months prior to the withdrawal of the share in the name of the third person, and the withdrawal of the share shall be refunded to “B” 14.10 million won.

2. According to the above facts finding as to the cause of the claim, the Defendants are obligated to pay damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the date of service of the original copy of the instant payment order with respect to KRW 100 million (Defendant B shall be December 1, 2015; Defendant C shall be August 27, 2016) and the date of service of the original copy of the instant payment order with respect to the amount of KRW 100 million paid by the Plaintiff

[Plaintiff claimed the interest rate of delay damages at 20% per annum, but it is recognized only 15% per annum in accordance with the provision on statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015; effective October 1, 2015); and the part exceeding it shall not be accepted).

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