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(영문) 서울서부지방법원 2013.11.01 2012가합570

사업양도대금등 청구의 소

Text

1. The Plaintiff:

A. As to Defendant B’s KRW 64,095,00 and KRW 18,095,00 among them, Defendant B shall be from May 4, 2009 to November 1, 2013.

Reasons

1. Basic facts

A. The Plaintiff, from around 2002, engaged in film retail business with the trade name of “E”, was a person who imported and sold the equipment of the U.S. G company (class B below) in the name of the wife F, and the Defendant B was a person who actually engaged in film retail business while operating the Plaintiff Company H.

Defendant C and D run film retail business with the trade name of “I” from April 1, 2007 to May 10, 2007. Defendant C entered into an exclusive consignment contract with the K Company holding the right to import and sell films of the U.S. company’s products from September 10, 2007 and engages in film retail business.

B. Defendant D, on March 13, 2007, set one of the three units of the set set set deposit for sub-lease deposit, KRW 7,000,000, and KRW 60,000 per month of rent, which was leased by the Plaintiff from L for the purpose of preserving films, in order to start film retail business from around March 13, 2007, and keep films.

Article 2 (Contribution by Defendant D) Defendant D shall pay 260,000,000 won to the newly established company due to the business takeover amount, etc. of E.

Article 3 (Obligation of Defendant B) The contributions under Article 2 paid by Defendant D shall be repaid from time to time to time to time to Defendant D with the profits generated from business activities.

Provided, That by December 31, 2008, Defendant B shall repay the full amount of Defendant D’s investment by December 31, 2008.

Article 4 (Sharing of Duties) Defendant D shall be responsible for the management of finance and the representative of the company in the course of managing the newly established company.

In addition, the defendant B shall manage the above business and manage the property.

Article 5 (Scope of Shares and Liability) The shares of Defendant D and Defendant B in the Company are 50% excluding the shares of the Plaintiff, respectively, and the problems arising from the Company are 50% excluding the shares of the Plaintiff, respectively.

Article 8 (Settlement of Accounts and Distribution of Profits) The monthly settlement shall be made as of the end of each month.