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1. Defendant B’s KRW 37,560,00 and the Plaintiff’s annual rate of KRW 6% from January 31, 2015 to July 9, 2015.
Reasons
1. Basic facts
A. D’s “D” was drafted on September 25, 2013 by the “D entrusted operation and management contract” indicating the Plaintiff as “B” and “B.”
Under the above contract, the representative of “D” is indicated as Defendant C, and he is the mother of Defendant B (E).
(hereinafter referred to as “principal defendant” or “preliminary defendant” are indicated only when necessary). (b)
The term "contract for the entrusted operation and management of D" (hereinafter "contract for the entrusted operation of this case") includes the following:
The Plaintiff (hereinafter referred to as “B”) shall entrust the operation and management of the “A” club at the seat of Gangnam-gu F in the seat of “D” (hereinafter referred to as “A”).
Article 2 (Terms and Conditions related to Management/Sale) - Terms and Conditions of Contract: From the date when the contract becomes final and conclusive to December 31, 2015, Article 3 (Deposit and Fee for Entrusted Operation) (3) The term “A” shall pay the amount equivalent to the commission for entrusted operation agreed upon to “B” by December 10 of the following month.
C. Where “A” delays payment to “B” for at least ten (10) days, “B” may demand “A” to pay statutory interest rates, terminate the contract, and compensate for damages.
총 매출액 위탁 경영 수수료 0 ~ 29,999,999 3,000,000원 30,000,000 ~ 39,999,999 5,000,000원 40,000,000 ~ 49,999,999 6,000,000원 50,000,000 ~ 59,999,999 7,000,000원 60,000,000 ~ 69,999,999 10,000,000원 70,000,000 ~ 79,999,999 12,000,000원 80,000,000 ~ 99,999,999 20,000,000원 100,000,000 ~ 25,000,000원 P/S Bonus 전체매출의 5%추가 ▣ 총 매출액 증가에 따른 고정 위탁 수수료 제15조 (손해배상 및 형사상의 책임) ② ‘갑’의 사유로 인해 계약 해지를 할 경우 ‘을’은 이에 대한 손해배상을 ‘갑’에게 청구할 수 있다.
(3) The terms and conditions of all relevant contracts, including personal information related to the entrusted operation and management, in addition to the representatives of "A" and interested parties (C, E, G) and the representatives of "B" (H) and the general manager (I).