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(영문) 수원지방법원성남지원 2019.03.14 2018가단204144
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 150,000,00 and Defendant B from January 31, 2018 to February 12, 2018.

Reasons

1. Under the underlying facts, facts do not conflict between the parties, or are acknowledged by considering the whole purport of the pleadings in the descriptions of evidence Nos. 1, 2, 2-1, 2-1, 3, 4-1 to 6, 6, and 7, and there is no counter-proof.

D and Defendant C, the husband of the Plaintiff, agreed to jointly lease and operate Heinna (hereinafter “the instant friendship”) with the trade name of Heinna at the rate of 50:50 shares in the first floor F through G (hereinafter “instant workplace”) of the 1st underground floor in Seongbuk-si, Sungnam-si, and agreed to jointly lease and operate Heinna (hereinafter “the instant friendship”). The Plaintiff’s side was responsible for the recruitment and financing of service tenants and the construction of the instant friendship and facilities.

B. According to the above agreement, around November 2016, the Plaintiff and Defendant C’s employees entered into a real estate lease agreement with J Co., Ltd., the owner of the instant business establishment, setting the lease deposit of KRW 300 million, monthly rent of KRW 25 million (excluding value-added tax), and KRW 60 months from the date of occupancy of the lease term, and thereafter, the name of the lessee was changed from the Plaintiff and Defendant C to Defendant B, the Plaintiff and Defendant C’s name was changed.

C. From October 2017, the Plaintiff and the Defendants commenced the instant friendship or operation, and the Plaintiff’s side agreed to withdraw from the operation of the instant friendship or operation. On November 3, 2017, the Plaintiff transferred the Plaintiff’s share to Defendant B among the instant friendship or operation, and instead, Defendant B paid the Plaintiff KRW 150 million to the Plaintiff by January 30, 2018, on payment of the said share by January 30, 2018, and Defendant C agreed to pay interest of KRW 0.6% per month if the said amount is not paid by the deadline, and Defendant C guaranteed the said debt owed to Defendant B by joint and several surety.

(hereinafter referred to as the “instant contract for termination of the same business”). 2. Determination as to the Plaintiff’s claim

A. According to the above facts of recognition as to the claim under the contract to terminate the partnership of this case, the defendants are jointly and severally liable to the plaintiff according to the contract to terminate the partnership of this case.

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