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(영문) 광주지방법원해남지원 2015.09.23 2013가합397
대여금
Text

1. The Defendant’s KRW 67,793,811 as well as the Plaintiff’s KRW 5% per annum from October 31, 2013 to September 23, 2015.

Reasons

1. The following facts may be admitted if there is no dispute between the parties, or if the entries in Gap evidence Nos. 1 to 3, Eul evidence Nos. 1 to 3, 9, and 10 (including each number), are added to the whole purport of the pleadings:

Article 1 [Object of Factory Operation Right] Subject matter of factory operation right shall be the factory of this case and 4,344m2, real estate facilities attached thereto, machinery and equipment attached thereto.

Article 2 [Duty to Lease Objects of Factory Operation Right] The defendant shall allow the plaintiff to use and benefit from the object of factory operation right owned by the defendant.

Article 3 [Duty to Operate Factory Operation Right] The Plaintiff shall pay interest paid monthly to the Plaintiff’s loan (450 million won) as a person obligated to use and benefit from the object.

Article 4 [Distribution of Profit Rate] The ratio of profits from the supply of the goods by the Defendant Company to the Defendant Company shall be 70% and the Plaintiff 30%.

After the HACCP was acquired, Defendant 10% and Plaintiff 90% on the basis of the date of approval (on which payment is made) at the time of large enterprises transactions (to be in need of the HACCP).

In transactions with an enterprise which does not require the HACC certification, the profit rate shall be 10%, the plaintiff 90%.

Provided, That the profit rate shall be agreed upon between the defendant and the plaintiff.

Article 5 [Period of Contract] In principle, this Agreement shall be from April 2, 2012 to April 1, 2014 and shall be notified in advance six months prior to the expiration of the contract, and shall be automatically extended (two years) if there is no agreement between the parties until the termination of the contract.

Article 10 [Bearing of the Ordinance of the Ministry of Land, Infrastructure and Transport] The Minister of Land, Infrastructure and Transport shall bear all the taxes, electricity charges, water charges, and other public charges incurred by the transfer of the operation rights, and the fire and industrial accident insurance premiums already in progress shall also be paid in the name of

On March 24, 2012, the Plaintiff paid interest on the Defendant’s loan obligations and divided profits from the factory operation instead of using and earning profit from the former Jindo-gun Kim Processing Factory (hereinafter “instant factory”) and its site owned by the Defendant.

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