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(영문) 대구지방법원 2015.03.17 2013가단51503
보증금반환
Text

1. The plaintiff A:

A. Defendant D Co., Ltd. shall be KRW 18,00,000 and its amount shall be from November 13, 2013 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff A is a person who runs a business related to the business, such as oriental clothes, with the trade name of “E”, and the Plaintiff B is a person who runs a Hmerc business with the trade name of “F.”

Defendant C had a transaction relationship with the Plaintiffs since October 19, 2012.

B. On August 27, 2012, Nonparty G and Defendant C drafted a partnership agreement with the following contents:

[Business Contract] A: G, B: C

1. Gap and Eul shall be joint operators;

2. The workplace is the H 2nd floor I and the underground J in Daegu Metropolitan City.

3. Partners A shall invest an amount of 50% for partners A, 50% for B, and 50% for profit and loss distribution for Party A and 50% for Party B.

4. 영업상 발생하는 사고 및 제반 문제에 대해서는 손익분배비율로 책임진다.

5. When one of Gap and Eul intends to withdraw within the period of operation, the claims and obligations until the time of withdrawal shall be settled, and the remainder after the settlement of obligations shall be made under an agreement between partners.

6-7 (Omission) A’s signature and seal (G) on August 27, 2012

C. Around October 19, 2012, the Plaintiffs drafted each of the following contracts with Defendant C:

(hereinafter collectively referred to as the “One Contract”). The contract between the Plaintiff A and the Defendant C (Cooperative Contract), J (hereinafter referred to as “A”) and E (hereinafter referred to as “B”) shall be concluded as follows:

Article 1 (Purpose of this Agreement) The purpose of this Agreement is to provide services to the event customers of Party A by taking charge of “B” for the cruel exercise of “A”.

Article 2 (Period of Contract) From December 1, 2012 to November 30, 2013, Article 5 (Deposit Money) A shall receive 18,000,000 won from B and return it to B at the time of termination of the contract.

Article 6 (Termination and Cancellation of Contract) A and B may be terminated upon consultation when it is deemed that the mutual business is impeded even during the contract period.

Contract Date: Address (A): 19 October 2012: K Apartment 104, 707, Daegu Northern-gu: Address of C (Signature) (Resident Registration Number): Representative of 203, Daegu Northern-gu L 203: A (Signature) (Resident Registration Number).

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