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(영문) 인천지방법원부천지원 2017.10.27 2016가합102695

손해배상(기)

Text

1. Defendant B Co., Ltd.: (a) 40,000,000 won for the Plaintiff and the period from July 8, 2016 to October 27, 2017.

Reasons

1. Basic facts

A. The Plaintiff’s establishment and the instant transfer contract 1) Defendant B was registered as a company established on March 10, 2014 for the purpose of manufacturing and selling lighting fixtures, and as a joint representative director D and E on the corporate register. Article 1 (G’s investment obligation) G of the same business contract (Evidence 3) includes KRW 200 million in cash as the Plaintiff’s establishment capital on August 26, 2014, and the burden of investment has been completed by paying KRW 200 million in cash with the Plaintiff’s establishment capital, and the certification thereof is substituted by the Plaintiff’s registration of incorporation (including KRW 100 million in premium paid to the Defendant from the individual account in the

2) Article 2(F)(F) of the Act provides that “F shall make assets invested by a customer who is currently making a contribution for the said business, and does not hold shares of the company.” Article 3(F) of the Act provides that “F shall take charge of the Plaintiff’s business, manage the said business and manage its property with the care of a good manager, and faithfully perform all its obligations with respect to G.” Article 4(G profit distribution obligation) G shall distribute the profit equivalent to 50% of its net income from September 1, 2014 to the termination of this Agreement to F, and shall present its balance sheet to F at the same time. Article 5(G’s representative obligation) G shall take charge of management and accounting of the Plaintiff. Transactions, business names, and other activities incidental to the said business with a third party necessary for the said business, and shall represent and obtain rights and duties from the representative director of G, and that G shall contribute to the Plaintiff’s business with a part of the Plaintiff’s business partner (hereinafter “Plaintiff’s business partner”).

At the time of incorporation, the trade name was “H”, and on October 13, 2015, the trade name was changed to “A”.

3. In accordance with the instant partnership agreement, the Plaintiff is as follows with Defendant B on August 29, 2014.