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(영문) 인천지방법원 2018.05.18 2017가합57751

손해배상(기)

Text

1. The Defendant’s KRW 151,243,398 as well as the Plaintiff’s annual rate from August 1, 2014 to May 18, 2018, and the following.

Reasons

1. Basic facts D (management participation), the plaintiff (management participation), the defendant (management participation), E (shareholders), and F (shareholders);

1. Goods;

(a) Sale by units120 (642,377,00 won by units);

(b) Lease 119 (rental deposit of KRW 100,00,000) in total: 742,37,000;

3. Title holder:

A. The lessee is the defendant.

(b) Registration of goods sold in lots shall be made under a joint name of five persons in principle, but a person who is not entered on the register shall be substituted by notarial acts;

4. Operation and distribution of dividends;

(a) The total amount of value-added tax of KRW 42,977,00,00, out of the sales price, shall be included in the head of the Tong as operating funds and shall be used as funds for initial operation and allowances for bad debts at the time of deficit;

(b) Monthly dividends: To pay dividends for the relevant month if the balance of the head of the Tong is at least 75 million won;

(c) Annual dividends: The balance of the month in which annual dividends are paid shall be lowered to 15 million won, and dividends shall be paid to the amount in excess, and thereafter the latter shall beb);

No monthly dividend shall be paid until it reaches KRW 75 million by applying the subsection. D.

Where the balance of the head of the Tong falls short of 10 million won due to the operation of the enemy at the beginning, each one million won shall be appropriated for the operating fund.

5. Salaries: To pay 70,000 won per month as salaries to three persons who actually participate in management among the above five persons.

6. Destruction of the partnership industry: If a single person wishes to destroy the partnership industry, the settlement of the amount should be agreed upon by five persons, but the remaining amount presented by the person wishing to destroy shall be determined to be high, and if no agreement is reached, the person himself/herself shall purchase the remaining portion of the amount presented by him/her.

On July 26, 2010, the Plaintiff, the Defendant, and D, E, and F (the Defendant’s birth) entered into a partnership agreement with the operation of a used vehicle selling company in Seo-gu Incheon Metropolitan City (hereinafter “G”) and the main contents are as follows:

B. The plaintiff, the defendant, the D, E, and F under the above partnership agreement are G's first floor from the East T&Wn Co., Ltd.