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(영문) 의정부지방법원 고양지원 2017.02.09 2016가합73729

채무부존재확인

Text

1. From March 16, 2016 to January 2, 2017, the Plaintiff (Counterclaim Defendant) paid KRW 330,000,00 to the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The Plaintiff is a corporation with each objective of management consulting, real estate consulting, development, brokerage, sale and lease, etc., including real estate sales and lease, vicarious sale, consulting, etc., and C (hereinafter “C”).

D serves as the representative director and the inside director of C as the representative director.

B. The Plaintiff was the project implementer of the construction of the F Complex Building on the ground of Geumcheon-gu Seoul Metropolitan Government and eight parcels (hereinafter “F building”), and C was in charge of the sale, lease, etc. of the F building.

C On December 20, 2014, the Defendant, a pharmacist, entered into a joint business contract with the following contents (hereinafter “instant joint business contract”).

Article 1 (Duty to Invested) C shall provide a leased area for use and profit-making of pharmacies within the F building, and shall attract medical institutions through consultation, and the defendant shall pay 500 million won as rental deposit.

Article 2 (Management Performance) C shall take charge of labor management following the employment and education of human resources for smooth management of pharmacies, and support for overall management of pharmacies, such as tax accounting, marketing, facilities, purchase support, etc., and the defendant, as a representative pharmacist who is a pharmacy founder, shall take charge of drug guidance and drug guidance of a pharmacist.

Article 4 (Distribution of Profits) C and the defendant shall distribute the total profits calculated by subtracting the total expenses from the total sales according to the operation of a pharmacy to 50:50.

Article 5 (Effect) This Agreement takes effect at the same time as the name and seal of the parties concerned, and D, the representative director of C, shall issue to the Defendant a letter of contract for the sale of F building in the name of the Plaintiff, and the Defendant shall deposit KRW 500,000,000 under the contract for the sale of the F

C. On December 20, 2014, the Plaintiff, pursuant to Article 5 of the instant joint project agreement on December 20, 2014, “one floor of the F building (the contractual area and the monthly rent)” in the Defendant’s future.