(영문) 대전지방법원 2016.01.14 2015가단216144

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(영문) 대전지방법원 2016.01.14 2015가단216144

기타(금전)

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1. The Defendant shall pay to the Plaintiff KRW 68,00,000 and the interest rate of KRW 15% per annum from July 2, 2015 to the day of complete payment.

Reasons

1. Agreement on the return of investments;

A. (1) Upon entering into a partnership agreement with the Plaintiff on October 14, 2013, the Plaintiff and the Defendant agreed to terminate the partnership agreement with the Plaintiff and the Defendant on October 14, 2013, jointly leasing approximately KRW 110 of the second floor of the said building to deposit KRW 70 million, and jointly operating the same restaurant with the trade name “D” from November 5, 2013 to September 15, 2014.

① The Plaintiff and the Defendant shall terminate a partnership agreement on October 14, 2013 with respect to the entire business of the said workplace, and transfer matters concerning the overall operation of the said workplace to the Defendant, and expressly determine the terms, conditions and methods of returning the Plaintiff’s investment money.

(2) After the termination of a contract for the same business, the defendant shall have all the authority and responsibility for matters concerning the operation of the main place of business, security deposits, and future goodwill, and change the name of business in the name of the defendant alone or make business registration independently

(3) Until the defendant changes his/her business type or trade name in the future, the defendant will use the current "D" trade name as it is and will be supplied with food materials from the plaintiff.

(4) The defendant shall return the plaintiff's existing investment amount of KRW 150 million.

Of the above investment funds, 70 million won shall be returned by the end of October 2014, but if there is a problem that the defendant obtains a loan from the Korea Credit Guarantee Fund after obtaining a guarantee from the Korea Credit Guarantee Fund, it shall be notified immediately to the plaintiff and shall be consulted.

The remainder of the investment amounts of 80 million won shall be paid in four million won each month between November 2014 and June 2016.

If the Defendant fails to return any balance of the investment deposit to the Plaintiff, the Plaintiff shall recover the remainder from the Defendant’s business lease deposit with the top priority.

5. Food of the Defendant

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