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(영문) 서울서부지방법원 2016.08.11 2016가단205529
약정금
Text

1. The Defendant’s KRW 95 million to the Plaintiff and the Plaintiff’s 5% per annum from January 14, 2016 to August 11, 2016.

Reasons

1. Determination as to the cause of the Plaintiff’s claim (1) The Defendant is running the business of collecting and selling clothes with the name of “C”, and (2) the Plaintiff entered into a partnership agreement with the Defendant around July 2015. The main contents are that the Plaintiff shall invest KRW 100 million in the Defendant’s operation, and conduct store management and accounting and marketing-related business. The Defendant shall pay 40% of profits to the Plaintiff as benefits for the Plaintiff’s performance of his duties. The contract of the partnership is automatically terminated in the event C losses for six consecutive months, and the Defendant shall immediately return the amount of KRW 100 million to the Plaintiff; (3) the Plaintiff shall have invested KRW 100 million in C under the above partnership agreement with the Plaintiff around July 2015; (4) the Plaintiff shall have been paid KRW 100,000 from KRW 150,000 to KRW 1050,000,000,000 from KRW 16,000 to KRW 15,00.

Therefore, barring any special circumstance, the Defendant prescribed the Civil Act from January 14, 2016 to August 11, 2016, which is the following day after the delivery date of the complaint (payment order) sought by the Plaintiff as a result of the completion date of the above business contract with the amount of KRW 95 million, excluding the amount of KRW 100,000,000,000, excluding the amount of KRW 500,000,000,000 from the investment money of KRW 10,000 pursuant to the terms of the above business contract.

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