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(영문) 인천지방법원 2019.10.30 2019가단206666
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 130,00,000 and the interest rate of KRW 15% per annum from October 15, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff leased the Yeonsu-gu Incheon Metropolitan Building C, D, and E (hereinafter “instant commercial building”) to KRW 120,000,000 as the lease deposit, and operated the coffee shop with her husband F, the Plaintiff agreed to operate the coffee shop and the restaurant in the instant commercial building for the same business with the Defendant and her husband F.

Therefore, the Plaintiff established G Co., Ltd. (hereinafter referred to as “G”) on December 22, 2017 and the Defendant became the representative director of G, with the burden of KRW 120,000,000 and KRW 10,000,00 of the lease deposit for the instant shopping district and the coffee shop shop shop.

B. On December 29, 2017, with the consent of H, a lessor of the instant commercial building, the Plaintiff transferred the right to lease of the instant commercial building to G with the agreement of H (hereinafter “H”). On January 14, 2018, the Defendant, under the name of G, prepared and provided the following loan certificates to the Plaintiff:

Amount: 130,000,000 won (Contents: 120,000,000 I franchise deposit) confirms that G borrowed money from the Plaintiff. 1.30,000,000 won, i franchise deposit, 120,000,000 won, shall be repaid with net income, excluding business expenses from the date of commencement of the business to pay principal.

2. There shall be no interest.

3. After the repayment of principal, the entire amount of the deposit, the deposit, and the premium for the commercial building of this case shall be owned by G.

C. Around April 2018, the Defendant commenced a G business in the instant commercial building, but did not pay the Plaintiff a profit on the grounds of the enemy, and did not pay the rent for the instant commercial building. Accordingly, on August 14, 2018, an agreement was made between the Plaintiff, G, and the Defendant with the following contents.

(hereinafter referred to as the “Agreement”) 1. G transfers to the Plaintiff the instant commercial building deposit amounting to KRW 120,000,000 and KRW 10,000,000 for the repayment of the obligations indicated in the loan certificate.

G The transfer of the above refund claim within three days from the date of the preparation of this Agreement.

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