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(영문) 대구지방법원 2015.08.28 2014가단41152
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 49,00,000 and the interest rate of KRW 20% per annum from December 30, 2014 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. (1) On July 20, 2012, the Plaintiff entered into a joint agreement with the Defendant as follows.

Article 1 (Opening of Business)

1. Business place: C;

2. Trade name: D;

3. Types of business: Service business.

4. Scale of the business place: approximately 40 square meters.

5. Rental deposit: Article 2 (Validity Term) of the daily rent of 0 million won.

1. The starting date of this contract: The closing date of this contract on August 2, 2012: December 31, 2017 (Provided, That the Plaintiff and the Defendant shall continue to maintain the contract, except in special cases) Article 3 (Investment Money).

1. The total amount of investment shall be KRW 300,000 (300,000); and

2. The investment shall be made in accordance with the distribution ratio under Article 4;

Article 4 (Distribution)

1. The net profit shall be all expenses deducted;

2. The net profit shares are 50%, Plaintiffs 50% and 50%.

[Provided, That in consideration of the overall operation of the future business, the Plaintiff and the Defendant shall adjust shares through mutual consultation (revision). 3. Distribution shall be made quarterly and the dividends shall be paid by settling accounts (settlement of accounts) within the 5th day of the following month.

Article 5 (Name)

1. The lease contract, business permission, and business registration certificate of a workplace shall be in the name of the defendant;

2. All facilities necessary for business (such as office fixtures, handphones, automobiles, etc.) shall be in the name of the defendant;

VI.(Duties and Rights)

1. The defendant shall be the representative of the business and shall administer the whole operation of the business.

2. The plaintiff assist the defendant and takes charge of finance.

Article 7 (Termination and Rescission of Contracts)

1. In cases falling under any of the following subparagraphs, the contract may be cancelled or terminated:

2. Where the Plaintiff and the Defendant have reached an agreement and consultation while the business was in operation;

3. (2) In the event that a special case arises between the Plaintiff and the Defendant during the course of running the instant business, the Plaintiff terminated the said joint business agreement with the Defendant on June 3, 2014, and was paid KRW 53,500,000 from the Defendant, but the Plaintiff settled the amount of KRW 20,000 by June 14, 2014, and agreed to receive the remainder by July 20, 2014.

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