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(영문) 대구지방법원 2017.02.17 2016가합2332
명의삭제절차이행
Text

1. The Defendant’s ground for termination on March 31, 2016 with respect to the business registration indicated in the “mark of business registration.”

Reasons

1. Facts of recognition;

A. On October 31, 2014, the Plaintiff and the Defendant entered into a contract with the following terms for the operation of Kim Jong-sung Specialized Store:

(hereinafter referred to as the “instant contract”). The address of the place of business in the same business contract: The trade name of the business establishment of Daegu Suwon-gu E shop 9dong 105: The F shop (hereinafter referred to as the “instant restaurant”) prepares the operating agreement of the said business, the Plaintiff refers to “A” and “B” and the contract is concluded as follows:

- Article 1 (Investment Funds and Additional Expenses) 1. The total amount of 163,00,000,000 including the amount invested at the time of establishment in operating the store at the above address shall be invested by A, and Eul shall distribute its responsibilities by taking charge of the operation and management of the store.

(2) Where additional expenses or investments are incurred in the operation of stores, they shall run under the agreement between A and B.

Article 2 (Settlement of Accounts and Distribution of Profits) (1) Settlement period: Settlement of accounts shall be from the first day to the end of each month, and settlement of accounts shall be made on the 10th day of each month.

(2) Profits distribution: To distribute net profits after deducting the total expenses from the total income, half the net profits.

Article 3 (Representative and Operation) (1) External and surface representatives on workplace and lease contract shall be operated by the operator and operator with the consent of A, and shall be jointly specified.

(2) The operation of a workplace shall be exclusively borne by an operator and operator and jointly borne by him/her, even when profits or losses are incurred.

(3) In settling accounts on the tenth day of each month, a joint payment shall be made with respect to the interest on loans entered at the time of establishment as the top priority, and the interest shall be jointly distributed even if there is any deficit.

When a business license is sold to a third person under Article 4 (Transfer of Business) the other party to A and B shall have priority, and the net value of the business as of the date on which the cause occurs shall be assessed and transferred under the agreement between A and B.

Article 5 (Period of Contract) Contract shall be the period under the real estate lease contract, and the period shall be extended after agreement with the lessor.

Article 6 (Right to Make Decision)

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