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(영문) 청주지방법원 2019.01.10 2016가단114880
약정금
Text

1. The Defendant’s KRW 1,808,910 as well as the Plaintiff’s annual rate from October 22, 2016 to January 10, 2019, and the following.

Reasons

1. Basic facts

A. On February 5, 2016, the Plaintiff and the Defendant concluded a business agreement with the intent to jointly operate a “C” restaurant (hereinafter “instant restaurant”) as the following main contents:

(hereinafter referred to as the “instant trade contract”). Purpose is to set forth the contents of the contract for joint investment in C points and joint management. The current status of the store (1) The address and area of the store is about 36 square meters: Seo-gu, Daejeon, Seo-gu, Daejeon, about 4.6 square meters: (2) KRW 4.6 million, monthly rent of KRW 6.99 million, monthly management fee of KRW 2.6 billion, monthly management fee of KRW 2.40 million, and three years of the lease term of KRW 400 million. The defendant shall manage the overall management of the store and perform the representative of the store.

② The Plaintiff shall assist in the operation of stores.

(3) Funds shall be managed and operated jointly by the original or the defendant.

Profit and loss distribution ① Shares: Plaintiff 30%, Defendant 70%, and Defendant shall distribute the profit by settling the business performance from February 5, 2016 to the 10th day of the following month.

(3) The project shall bear losses and shall jointly invest funds where such losses occur due to a shortage of operating funds.

Of the 60 million won borrowed from E, the defendant shall pay 29 million won, and the plaintiff shall pay 31 million won, respectively.

For a period of 20 months, the defendant shall pay 1.45 million won per month, and the plaintiff shall pay 1.55 million won each month.

(2) Where a contract is terminated, all amount of alcoholic beverage loans shall be paid to the other party within 90 days from the date such cause occurs.

B. Unlike the content of the above contract on division of roles, the Plaintiff and the Defendant completed the business registration of the instant restaurant in the name of the Plaintiff, and subsequently, the Plaintiff’s wife F was in charge of operating the instant restaurant, such as purchasing and selling funds, while residing in the instant restaurant.

C. The Plaintiff and the Defendant, on July 28, 2016, terminated and terminate the instant partnership agreement, and the Defendant would pay the Plaintiff the Plaintiff the amount of KRW 83 million of the Plaintiff’s share settlement and operate the instant restaurant solely.

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