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(영문) 부산지방법원 2017.07.12 2015가합1621

정산금등

Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 179,737,467 and KRW 110,397,507.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Basic Facts

On June 25, 2011, between the Plaintiff and Defendant B and C, the Plaintiff entered into a partnership agreement with Defendant B and C to jointly operate the static point of “F” on the 1st floor of the Busan city E building in Busan city and the meat restaurant of “G” and its ancillary business (hereinafter “instant business site”).

(hereinafter “instant trade agreement”). The main contents of the instant trade agreement are as follows.

The agreement on a joint project: A (Plaintiff), B (Defendant), and C (Defendant) Article 2 (Investment and Equity Ratio) (1) The equity ratio of the joint project provided for in the following 3 shall be 50 percent, respectively.

(2) In order to operate a joint project, Gap and Eul shall make contributions in cash each of 150,000,000 won.

Article 5 (Registration, etc. of Business) (1) A and B may divide business registration necessary to conduct the business referred to in the above 3 in the name of A, B, C or their respective spouse and lineal descendants (including their spouses) through mutual consultation, taking into account the efficiency of the business.

② 위 ①에 의거, 갑, 을, 병 또는 각각의ㅏ 배우자와 직계비속(배우자 포함) 명의로 사업자등록을 하더라도, 당해 사업자등록 및 사업운영과 관련하여 발생하는 모든 권리(수익금의 처리 포함) 및 책임과 의무는 갑과 을이 지분비율에 따라 공동으로 소유, 부담한다.

Article 14 (Termination of Contract) In the following cases, A or B, and C may terminate this Agreement through a peremptory notice to the other party for a reasonable period:

(1) Where A, B, or C, or C, violates this Agreement; (2) Where A, B, or C, or C, required by a third party to bear an obligation and seriously impedes the business of this Agreement; and (3) where A or B, fails to perform an obligation to additionally invest or cover an obligation; (4) Where this Agreement is terminated earlier, a person liable for damages shall be liable to other parties.

§ 16.