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(영문) 서울중앙지방법원 2017.05.26 2015가합503181
약정금
Text

1. The Defendant (Counterclaim Plaintiff) Company B and the Defendant C jointly and severally file for KRW 30,000,000 with the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. From September 1, 2010 to 2010, the Plaintiff is a person who leased 1st floor of the 3rd floor (hereinafter “instant store”) from Nonparty E and operated a restaurant. The Defendant Company is a company running food siren business with the trademark “F,” and the Defendant C is the representative director of the Defendant Company.

B. On July 1, 2013, the Plaintiff and the Defendants: (a) on July 1, 2013, at the instant store between the Defendants and the Defendants, the Defendant’s store “Fyang store” (current “F Seocho-gu store”; hereinafter “F Yang store”).

(2) The term “instant contract” (hereinafter referred to as “instant contract”)

A) The main contents of the instant contract are as follows. The term of the contract for the Plaintiff: The Defendants’ trustee: the term of the contract: the period of the contract for the Defendants: The monthly rent is equivalent to the monthly rent for the lease of a building: The management expenses for the lease of a building. The purpose of Article 1 [Purpose] is to pursue joint development through mutual revitalization by prescribing all matters necessary for the operation upon entrustment by the Plaintiff. The Plaintiff is a store located in Seocho-gu Seoul Metropolitan Government D (hereinafter referred to as “store”). The Plaintiff is a store located in Seocho-gu Seoul Metropolitan Government D (hereinafter referred to as “store”).

section 2. [Indication of the subject matter of commission, name and management] The subject matter of commission shall be indicated, name and management shall be entrusted to the Defendants under the terms of this contract.

1. Location: One floor of G building in Seocho-gu Seoul Metropolitan Government D;

2. Area including co-ownership: It shall correspond to a building lease contract; and

3. The plaintiff, with the defendants' business permission under the joint name, is entrusted to the defendants with overall matters concerning the operation of the store.

Article 4 (Prohibition, etc. of Delivery and Alteration of Current State of Entrusted Objects)

1. The Plaintiff provides a store leasing space for both stores, and the Defendants shall install the internal and external facilities, equipment, fixtures, etc. necessary for the establishment of the main office and manage them, such as payment of rents.

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