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(영문) 서울남부지방법원 2017.01.19 2015가단240649
약정금 등
Text

1. The Plaintiff:

A. Defendant B’s KRW 33,016,666 as well as 5% per annum from June 17, 2014 to November 2, 2015.

Reasons

1. Judgment as to the main claim

A. On December 2012, the Plaintiff asserted that: (a) around December 2012, the Plaintiff engaged in a club with the Defendants and the 7th floor “G” health clubs (hereinafter “instant health clubs”); (b) the Plaintiff bears the operating expenses; (c) profits excluding fixed expenses are 50%; and (d) the Defendants and E agree to distribute 50% to the Plaintiff; (b) the Plaintiff did not have the obligation to pay the Defendants wages and night consumption until profits accrue from the instant health clubs; (c) from February 2, 2013, the Plaintiff did not have the obligation to pay the Defendants with 28,500,000 won; and (d) the Defendant paid 35,625,000 won to the Defendants and 35,010 won for each of the instant health clubs; and (e) the Defendants paid 13,50,000 won for the consumption of accommodation by the Defendants and 30,000 won for late May 24, 2014.

B. Each statement of Gap evidence Nos. 1, 8, 12, 13, 16, and 17 (including a serial number) is insufficient to recognize the facts of the operation of the health club of this case by itself, and there is no other evidence to acknowledge it. Thus, the plaintiff's above assertion is without merit without further review.

2. Judgment on the conjunctive claim

A. Fact 1) On January 4, 2013, H, a major shareholder of the Plaintiff Company, is to operate and manage the instant health club as the representative director, and is allocated 50% of its net income. The Defendants’ lodging monthly rent employed by E as trap is to be supported and jointly operated by the Plaintiff when the sales of the instant health club exceed the quarter of profit and loss (hereinafter “instant agreement”).

(2) The Plaintiff paid KRW 142,50,000 for the acquisition of the instant health club, and KRW 150,000 for the lease deposit.

3..

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