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(영문) 대전지방법원 2021.01.27 2019가단104997
약정금
Text

The defendant's KRW 50,000,000 and its relation to the plaintiff shall be 5% per annum from November 20, 2019 to January 27, 2021.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant made a verbal agreement to operate a restaurant as a business of friendship and to distribute the profits to 50:50.

B. On August 201, the Defendant entered into a lease agreement with C and 2, and Seo-gu Daejeon, Seo-gu, Daejeon (hereinafter “instant leased real estate”). The Plaintiff and the Defendant around that time operated a restaurant with the trade name “F” from the leased real estate.

(c)

In that regard, the Plaintiff and the Defendant decided to close a restaurant on March 2015, and around that time, the following was agreed between G departments:

The Plaintiff and the Defendant transfer the instant leased real estate to G.

G bears the full monthly rent of the leased real estate in this case.

G pays KRW 5 million to the Plaintiff and the Defendant as the sublease fee (the distribution rate between the Plaintiff and the Defendant is 50:50 as the same).

G operated the clothing sales business in the name of “H” on the leased real estate of this case, and the lessee becomes the defendant, and the business owner was registered in the name of the defendant.

E. As the former lease term expires, the Defendant concluded a lease contract again with respect to the leased real estate between the lessor on July 4, 2016 and the lessor on September 9, 2021: (i) the lease term: (ii) the lease deposit of KRW 100,000,000 (including value added tax) for the monthly rent of KRW 100,000; and (iii) the lease term of KRW 5,500,000 (including value added tax). The Defendant and the lessor agreed to terminate the lease contract; (iv) the lessor agreed to deduct the lease contract from the lease deposit the unpaid monthly rent, management fee, and KRW 50,000,000 borrowed by the Defendant from the deposit; and (v) the lessor transferred the lease amount to the Defendant on November 5, 2018, KRW 30,000,000 to the Defendant on November 4, 13, 2018, KRW 379,984.

G. Meanwhile, on March 5, 2015, the Plaintiff, the Defendant, and I Co., Ltd. enter into a joint agreement with respect to the construction of a commercial building in neighboring facilities in Daejeon-gu J on March 5, 2015 (hereinafter referred to as “joint agreement”).

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