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(영문) 의정부지방법원 고양지원 2018.06.08 2017가합75500
청구이의
Text

1. Certificates No. 22, 2017, signed by D on January 23, 2017 by the Defendant’s notary public against the Plaintiff.

Reasons

1. Facts of recognition;

A. B, a company established on September 26, 201 and its trade name was changed from “Co., Ltd. E” to “Co., Ltd. E” on March 20, 2015, which engaged in food wholesale and retail business, concluded a sub-lease contract with respect to the said building on November 21, 2016, in order to have the said building sub-leased from “F”) leased by the owner of the building, in order to operate mate by sub-leaseing the building located in Seocho-gu Seoul Metropolitan City, where F Co., Ltd. leased from the owner of the building.

However, since the establishment of H (hereinafter “H”) was under preparation for the operation of Mart, the former lessee was specified as “E” at the time of concluding the said sub-lease contract, and the former lessee was also an agreement to change the former lessee to H upon completion of the establishment procedure of H.

B established H on December 5, 2016, and entered into a new sub-lease contract with F Co., Ltd. to sub-lessee H on the above building on December 15, 2016.

As seen in this paragraph, A, a corporation established by B, has jointly and severally guaranteed H's obligations.

B. The defendant is the above A.

On November 30, 2016, B met with E in order to operate the static point in the Maart set forth in paragraph (1), and entered into a commission (entrusted) store contract (hereinafter “instant commission contract”) with E with E as follows:

E and the defendant enter into a contract for the following fee (entrusted) store:

Article 1 (Indication of Subject Matters and Terms and Conditions of Contract) - Indication of Subject Matters: In order to determine the quantity of the subject matter: Jung-gu Incheon Metropolitan City G - The rate of net sales between three months at the time of opening: 5% of the amount of net sales between three months at the time of opening, 7% of the amount of net sales for one year after three months at the time of opening, and adjusted under mutual agreement after one year (in cases of fishery products, 5% for two years) - The amount of deposit KRW 320 million, the amount of intermediate payment of KRW 230 million shall be paid at the time of contract and the amount of intermediate payment of KRW 230 million shall be paid at the time of intermediate payment, and the balance, 70 million shall be paid at the time of November 30, 2016.

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