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(영문) 서울중앙지방법원 2017.12.12 2015가단5387769
약정금
Text

1. The Defendant’s KRW 8,109,405 with respect to the Plaintiff and KRW 5% per annum from October 19, 2017 to December 12, 2017.

Reasons

1. Basic facts

A. On August 19, 2013, the Defendant entered into a partnership agreement with the Plaintiff, which operated a restaurant in the name of D on August 19, 2013, under which the Defendant changed the restaurant in Songpa-gu Seoul, Songpa-gu, to the restaurant to the “C store” (hereinafter “C store agreement”), and the main contents of the instant case are as follows.

Article 2 (Term of Contract) The term of contract shall be valid for five years from the time of the contract, and whether to extend the contract shall be consulted mutually.

Article 3 (Investment Amount) The Defendant’s investment funds shall be limited to the F already operated (deposit KRW 100 million, premium, and other facility costs) Plaintiff’s investment funds not exceeding KRW 100 million (e.g., KRW 70 million): (1) where the monthly net sales are not more than KRW 130 million: 50,000,000: the Plaintiff, and the Defendant, respectively, have KRW 45,000,000: (2) where the monthly net sales are at least KRW 130,000,000: Defendant 45,55,000 out of the net income, and KRW 10,000,000 per monthly sales. The Plaintiff shall have KRW 10,000,000 per sales.

[The portion indicated as the beneficiary] 5% of the Defendant’s income distribution in 2015, 45% of the Plaintiff’s income distribution 60% of the Defendant’s income distribution since 2016, and 40% of the Plaintiff’s income distribution (payment method of income) Article 7 (Payment method) ① The Plaintiff and the Defendant shall settle accounts of card deposit, cash deposit, business account payment, etc. on the 10th of the following month.

(2) Taxes (value-added tax, income tax, etc.) on the virtual operation shall be treated as expenses at a certain rate every month.

(3) All expenses, including paragraphs (1) and (2), shall be allocated profits after the settlement of accounts.

B. On February 17, 2014, the Defendant entered into a franchise store agreement with the Plaintiff on the G store with the following content for the purpose of mutual use and technology transfer in operating “G store” located in Gangnam-gu Seoul Metropolitan Government H (hereinafter “G store agreement”).

Article 2: From March 1, 2014 to February 28, 2019, Article 3 technology transfer costs and royalties Defendant shall be the Plaintiff.

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