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(영문) 의정부지방법원고양지원 2015.11.12 2014가단36934
위탁운영계약보증금
Text

1. The Defendant’s KRW 70,000,000 as well as 20% per annum from December 18, 2014 to September 30, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On February 1, 2013, the Plaintiff entered into a contract for consignment operation (hereinafter “instant consignment operation contract”) with the Defendant on the D Goyang shop (formerly referred to as “stock company C”) for the coffee store (one floor of the building E in Changdong-gu, Youngdong-gu; hereinafter “instant store”) operated by the Defendant. The deposit money for consignment operation to be paid by the Plaintiff to the Defendant was KRW 100,000,000, and the proceeds from consignment operation to be paid by the Defendant to the Plaintiff was set at 48% of the monthly net sales, and the period from February 1, 2013 to January 31, 2014.

B. On February 1, 2013, the Plaintiff paid KRW 100,000,000 to the Defendant under the instant consignment operation contract, and operated the instant store, and the said consignment operation contract was extended.

C. However, around July 24, 2014, the Plaintiff and the Defendant terminated the instant consignment operation contract, and the Defendant agreed to the Plaintiff as a device beyond the right to operate the instant store (hereinafter “instant transfer agreement”). Accordingly, on August 1, 2014, the Plaintiff concluded a new lease contract with E, a lessor of the instant store, and the instant store.

At the time of termination of the entrusted operation contract of this case, the defendant's accrued income from the entrusted operation to the plaintiff is KRW 15,428,582.

E. On May 8, 2013, the Plaintiff lent KRW 10,000 to the Defendant.

(1) The defendant's representative director F personally borrowed the above money from the plaintiff at the time that he was not the defendant. However, according to the statement in Gap's evidence No. 3, the defendant, not the non-individual, has borrowed money from the plaintiff. 【The ground for recognition.' The defendant's assertion that the defendant's representative director F borrowed money from the plaintiff.

2. The assertion and judgment

A. (1) The plaintiff's assertion that the entrusted operation contract of this case was terminated, and the defendant is obligated to return KRW 100,000,000 to the plaintiff. The plaintiff is entitled to operate the store of this case at the time of the transfer agreement of this case.

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