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(영문) 부산지방법원 2016.12.02 2016가단300625
양수금
Text

1. Upon arrival of January 11, 2017, the Defendant shall pay to the Plaintiff KRW 50,000,000 and its payment from January 12, 2017.

Reasons

1. Basic facts

A. On June 10, 2013, the Plaintiff entered into a contract with the Defendant to transfer or acquire the right to lease (a lease deposit amount of KRW 50 million, monthly rent of KRW 2750,000) (hereinafter “instant fish driving school”) of the fourth floor D in Busan Gangseo-gu (hereinafter “instant fish driving school”) to the Defendant (hereinafter “instant transfer or acquisition contract”).

B. The contents of the instant transfer/acquisition agreement are as follows.

The following special terms and conditions shall be until the date of becoming the KRW 200 million invested by A (Plaintiff).

1) By June 1, 2013, Party A (Plaintiff) is liable for all expenses other than management expenses and rents incurred in the operation of a private teaching institute. Party B (Defendant) is liable for management expenses and rents from June 2013. Party B (Defendant) is liable for all expenses incurred in the operation of a private teaching institute from July 1, 2013.

3) From October 1, 2013, Party B (Defendant) is obligated to pay Party A (Plaintiff) 50% of pure earnings, excluding all expenses incurred in the operation of a private teaching institute, and guarantees the minimum of KRW 800,000,000,000, regardless of any profit or loss. In addition, if Party A (Plaintiff) makes a request, Party B (Defendant) shall also make monthly sales and, if necessary, disclose the list of originals. 4) Party B (Defendant) shall pay the rental deposit to Party A (Plaintiff) on February 28, 2014,

4-3) On February 2015, 2015, where A (Plaintiff) desires, B (Defendant) has the obligation to pay KRW 50 million for the cost of facility investment (Provided, That at the same time as the payment of facility costs, all the terms and conditions of “A” and “B” are terminated). If B (Defendant) fails to properly observe the terms and conditions of the special agreement, A (Defendant) may terminate the contract at any time, and B (Defendant) is liable to pay KRW 50 million for the security deposit and KRW 50 million for facility investment premium within three months thereafter.

C. However, the Defendant did not pay the Plaintiff the deposit amount of KRW 50 million on February 28, 2014, which is the expiration date of the lease contract term, and the minimum amount of KRW 800,000,000, which is guaranteed regardless of profit and loss.

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