beta
(영문) 울산지방법원 2017.09.28 2015나4696

공동사업 배당금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

Reasons

1. Basic facts

A. On March 15, 2013, the original Defendant entered into a partnership agreement with the effect that “the Plaintiff is in charge of on-site management and the Defendant jointly operates heavy equipment and divide profits by 50%” (hereinafter “instant partnership agreement”). The former Defendant entered into the partnership agreement with the trade name of C, and started the business of leasing vehicles to D from around that time.

B. The main contents of the instant partnership agreement are as follows.

B (Defendant) A: A (Plaintiff)

1. Obligations A to the parties shall bear the purchase price, etc. for branch entry projects, equipment, etc. required for the partnership projects, and Eul shall take charge of all operations, such as branch entry projects;

2. Methods of operating the same business;

(a)the purchased land entry equipment is owned by Party A, and its title shall be Party A;

A shall be in charge of administrative affairs, and a monthly payment shall be made in 00,000 won.

3. Where 30% per unit is deducted from the source to the depreciation costs, insurance premiums, taxes, etc. of equipment distributed with profits, and the remaining profits except office operation expenses, office wages, etc. shall be acquired at the ratio of 50% and Gap, respectively.

(Provided, That the separate manager shall settle and distribute the accounts at the time of the completion of the business after the settlement of taxes;

(a) Where earnings from the branch business, etc. from the branch business, etc. are less than three months consecutively and less than three million won, Party A may terminate the partnership business after notifying Party B of the termination thereof;

(B) ensure the principal at the time of termination of the business;

In such cases, A shall dispose of the land entry equipment, etc. to recover the investment amount, and B shall be responsible for it, actively cooperate, and when A suffers damage due to his/her unfair act, B shall be liable for civil and criminal liability.

(c) A shall notify the other party of the liquidation of the relationship of the operation of the business where any disease, accident, or other inevitable circumstances preventing him/her from operating the business, and after consultation with the other party;