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(영문) 서울중앙지방법원 2019.05.30 2017가합568649
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The Plaintiff is a person who operated an online male medical shopping mall site “C” (hereinafter “instant site”).

On April 17, 2009, the Plaintiff entered into a contract with the Defendant to transfer the right to operate the instant site and the relevant cluster and to provide consulting services on the operation of the instant site (hereinafter “instant contract”), and to transfer the right to the site and to provide consulting services on the operation of the instant site (hereinafter “instant contract”).

1. Retail of the Category C of D Buildings E in Ansan City where the place of indication of the right to object of transfer is located;

2. Amount of rights (including facility costs), premium (including premium for facilities) 50 million won;

3. The terms and conditions of the contract for the transfer of rights shall be paid and received at the time of the contract. The intermediate payment of KRW 30 million shall be paid by April 28, 2009.

Any balance shall be paid by September 30, 2009.

5% of the site sales shall be paid to the Plaintiff by 07 in full payment of the balance of the additional matters and by 07

Section 1. The assignee shall pay to the transferor the above-mentioned amount of the rights in the real rights as shown above.

Article 2 Upon receipt of any balance, the Plaintiff shall transfer the following facilities to the Defendant for immediate operation:

Article 4. The defendant and the plaintiff enter into a consulting agreement on additional matters of shopping mall consulting as follows:

Article 6 [Consultation Fees] The consulting fees to be paid by the defendant to the plaintiff in connection with this contract shall be as follows:

1. Contract deposit: The defendant shall pay the consulting fee (5% of sales) to the plaintiff in cash from June 1, 2009.

Article 10 The contract term shall be 07 years from the date of the payment of the balance and shall be renewed after the contract term expires.

The main contents of the instant contract are as follows.

[Ground of recognition] Facts without dispute, Gap evidence No. 2, plaintiff's assertion of the purport of the whole argument as to ① the text and structure of the contract of this case, and sales of the site of this case, the defendant's contract of this case is in Article 1 of the contract of this case.

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