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(영문) 대구지방법원서부지원 2019.05.23 2018가단59479
건물명도(인도)
Text

1. The defendant shall be the plaintiff.

A. Of the real estate listed in the attached Table 1 List 1, the two-story general restaurants are handed over to 189.94 square meters, and B.

Reasons

1. Facts of recognition;

A. On May 28, 2015, the Plaintiff and the Defendant provided the Defendant with the real estate stated in Section 1(a) of the Disposition No. 1 (hereinafter “instant Real Estate No. 1”) under the name of “E” in Daegu-gun-gun D, the Plaintiff entered into a contract with the Defendant to install necessary personnel, equipment, facilities, etc. to operate the “E” on the instant Real Estate No. 1. The Defendant commenced its business from July 3, 2015, and the main contents of the said contract are as follows.

Article 3 (2) (Period of Contract): Article 3 (4) (Distribution of Fees): The distribution of sales shall be 18% of the sales revenue of the plaintiff and 82% of the sales revenue of the defendant, but even if the amount of the fee that the defendant is liable to pay to the plaintiff is not 5,00,000 won, the defendant shall pay 5,00,000 won to the plaintiff.

Article 9 (Suspension of Transactions): The plaintiff may immediately suspend the defendant's business and suspend transactions where the defendant intentionally omits the sales or makes a non-payment of the sales amount.

B. On May 20, 2016, the Plaintiff and the Defendant entered into a contract with the Plaintiff and the Defendant to change the contract period from July 3, 2015 to July 3, 2015 (i.e., the contract concluded between July 3, 2015 and July 2, 2019 (hereinafter “instant first contract”).

C. On May 28, 2015, the Plaintiff provided the Defendant with real estate indicated in Article 1-B(b) of the Disposition No. 1 (hereinafter “instant Real Estate No. 2”). The Defendant entered into a contract with the Defendant to install necessary human resources, equipment, facilities, etc. and operate the “C” from the instant Real Estate No. 2 (hereinafter “instant contract”). The main contents of the instant contract are as follows.

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