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(영문) 서울북부지방법원 2017.08.17 2016가합22206

정산금

Text

1. All of the claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. Of the costs of lawsuit, the part resulting from the principal lawsuit.

Reasons

1. Basic facts

A. On March 26, 2001, the Plaintiff, the Defendant, and C entered into a partnership agreement to jointly acquire and operate a farm located in the land ( approximately KRW 3,300) and the building on the ground (hereinafter “each real estate of this case”) (hereinafter “instant partnership agreement”) and the main contents are as follows.

Article 2 Investmenter, Investment Amount and Registration

(a) Investment amount: “A” (the plaintiff, hereinafter the same shall apply): 130 million won (46.1%) (the defendant, hereinafter the same shall apply): 130 million won (46.1%) (the defendant, hereinafter the same shall apply): 22 million won (7.8%) (the plaintiff, hereinafter the same shall apply);

(b)registration land shall be divided and registered in accordance with the respective investment ratio of “A”, “B” and “B”;

Article 4 Duties, Powers and Obligations

1. “A”: The entire volume of produced eggs shall be sold to fulfill their responsibilities and obligations with respect to recovery of proceeds and overall operations, and the E farm shall be responsible for, and shall be towed;

2. The term “B” shall have the obligation to maintain and manage all facilities necessary for the improvement of productivity, improvement of quality and production and to assume the responsibility for the mass production;

B. On November 6, 2001, the Plaintiff paid KRW 50 million to C, and acquired C’s shares. The shares of E farm became Plaintiff 53.9% and Defendant 46.1% and the Defendant’s production of eggs while managing the farm was operated in the form of sale by the Plaintiff.

C. On May 2014, the Plaintiff and the Defendant transferred the Plaintiff’s share in the E farm business of this case and the entire land and buildings (shares) registered as owned by the Plaintiff among each real estate of this case (hereinafter “the Plaintiff’s share in each real estate of this case”) to the Defendant. In return, the Defendant decided to terminate and settle the instant agreement by paying to the Plaintiff KRW 360 million, and thereafter, the Defendant decided to operate the E farm independently.

(hereinafter “instant agreement on the settlement of accounts”) D.

The Defendant, between the Plaintiff and the Plaintiff, shall use the purchase price of KRW 360 million as to the portion owned by the Plaintiff out of each of the instant real estate. < Amended by Presidential Decree No. 25079,