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(영문) 수원지방법원 2018.05.03 2017가단524237

약정금

Text

1. The Defendant: (a) KRW 84 million to Plaintiff A; (b) KRW 56 million to Plaintiff B; and (c) each of the said money, from July 13, 2017 to July 2018.

Reasons

Facts of recognition

On August 29, 2014, the Plaintiffs entered into a partnership agreement with the Defendant (hereinafter “instant partnership agreement”) as follows.

The plaintiffs and the defendant enter into a contract in order to jointly distribute the management profits arising from the operation of the D Limited Corporation as follows:

Article 1 (Investment Obligations) Plaintiff A shall contribute to the Defendant KRW 30 million, and Plaintiff B shall contribute KRW 200 million to the Defendant.

Article 2 (Duties of Management and Distribution of Shares) (1) The defendant manages a company and has the authority of 50% of its shares.

③ Plaintiff A has a 30% share and 20% share of Plaintiff B.

Article 3 (Duty of Distribution of Profits) (1) The defendant has the authority over 50% of the profit, and the remaining 50% shall be distributed to the plaintiffs.

(4) The distribution of profits shall be made after the settlement of accounts in the first half (eight months each year) and the second half (three months each year).

Article 6 (Benefits) (1) The defendant shall pay a certain amount to the plaintiffs on the regular payment day of each month until the contract is terminated.

(3) The plaintiffs and the defendant shall make a decision by mutual agreement on the adjustment or payment reservation of the above amount if losses are anticipated to occur due to the business reasons of the company.

Article 8 (Term of Contract and Renewal) (1) This contract shall be effective for a period of one year, and it shall be automatically extended every one year unless the plaintiffs and the defendant require each other to terminate or terminate the contract.

The Plaintiffs fulfilled their duty of investment under the instant trade agreement.

However, the defendant did not pay the plaintiffs' benefits and profits on the ground that D Limited Corporation failed to pay management profits.

In October 2015, the plaintiffs expressed their intent to terminate the instant partnership agreement to the defendant, and the defendant returned to the plaintiffs around February 2016 the amount of KRW 110 million out of the plaintiffs' investments.

On April 8, 2016, the Defendant agreed to the Plaintiffs as follows (hereinafter “instant agreement”).

The defendant shall pay to the plaintiffs KRW 20 million each month after acceptance of E (management right).

Defendant.