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(영문) 인천지방법원 2020.08.12 2019가단254771
구상금
Text

The defendant shall pay 38,690,870 won to the plaintiff and 12% per annum from October 21, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The purpose of this Agreement is to provide the Defendant and the Plaintiff with funds necessary to manage the F coffee stores and to record the regulations and relevant matters necessary for the business in order to operate the coffee specialty with a coffee manufacturing technology and management know-how.

Article 3 (Lease of Building and Place of Business): Lease of building of the building of this case: The building of this case shall be leased and used from 135.72 square meters to 135.72 square meters of the contract area of the building of this case, and the cost of leasing the building shall be borne by the defendant and the plaintiff

Article 4 (Investment Obligations) The Defendant, the Plaintiff, and C bear 50% of the funds necessary for carrying out the Project, and the Plaintiff bears 50% of the funds, and C is replaced by coffee manufacturing technology and management know-how owned by C.

Article 5 (Duties and Duties) The defendant, the plaintiff and C are joint representatives.

C The affairs of the Company shall be in charge of the overall operation and personnel management of the Company, accounting, coffee manufacture, customer management, and store management.

Article 7 (Distribution of Proceeds) With respect to the general sales of a place of business, i.e., coffee and differential sales, C shall set the prescribed benefits and distribute the remaining profits at an equal rate between the defendant and the plaintiff, and settle accounts and pay the monthly performance within 15 days of the following month.

Education and consulting profits shall be allocated to the defendant, plaintiff, or third party, other than necessary expenses, such as taxes and public charges, to 1:1.

Article 10 (Fund Management) Funds required for the operation of the Company shall be managed by C, and shall be managed and maintained by the bank in the name of the place of business.

Article 11 (Event of Loss) Where unavoidable losses are incurred to the management of the company, the defendant and the plaintiff shall jointly bear the corresponding amount.

Provided, That where such loss is caused by a cause attributable to one of the parties, the relevant one shall be responsible.

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