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(영문) 서울남부지방법원 2016.08.12 2015가합105637

손해배상(기)

Text

1. Defendant B and C jointly pay to the Plaintiff KRW 223,119,983 and their payment from July 18, 2015.

Reasons

1. Basic facts

A. On March 20, 2013, the Plaintiff and Defendant C, the agent of the E Co., Ltd. (hereinafter “E”), and the Plaintiff entered into a joint business contract with the content that the Plaintiff invested KRW 300 million and E operates stores in Yongsan-gu Seoul and in Yongsan-gu Seoul (hereinafter “instant store”) to distribute profits to the Plaintiff (hereinafter “instant business agreement”). Around that time, the Plaintiff paid KRW 250 million for E as investment money.

B. The main contents of the Second Partnership Agreement are as follows.

(hereinafter referred to as “A” refers to the Plaintiff and “B” respectively; 1. A and “B” intend to lease stores located in Yongsan-gu Seoul Metropolitan Government F and G in the workplace, Yongsan-gu, Seoul Metropolitan Government and “B” as joint business.

(Article 1, Section 2) 2. Place of business is directly responsible for the registration of business operators and the management and operation of store as the direct store of the E;

(Article 3) 3. A and B shall invest 300 million won (300,000,000 won) and 300,500 million won (300,000,000 won) from total amount of investment (600,000 won) to carry out a joint project as 50:50 shares of each of them. The ownership ratio of all assets related to the operation of the project (including assets or rights related to the project in kind, on deposit basis, on deposit basis, on deposit basis, on deposit basis, or under any other name) shall also be 50:50 shares of Party A and Party B, respectively.

(Article 4). 4. Investment amount of Eul shall be invested in kind in connection with the establishment, etc. of a direct store.

(5) On May 1, 200, the monthly business performance shall be distributed at the rate of shares to Gap and Eul in accordance with the monthly profit and loss at the 10th of the following month from the beginning of the month to the last day of the month, and the details of the settlement shall be shared.

The sales on the day shall be deposited and managed in the accounts designated by Gap and Eul following the day.

(6) This Agreement shall enter into force from March 20, 2013 to March 19, 2016 (three years), and the termination of this Agreement shall be subject to six months’ written notice and shall be the same in the absence of objection.