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(영문) 수원지방법원성남지원 2016.11.18 2015가단221841

청산금 청구의 소

Text

1. The Defendant’s KRW 30,000,000 as well as the annual rate of KRW 5% from November 29, 2015 to November 18, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On March 21, 2014, the Defendant and C, including the Plaintiff, entered into an agreement on the same kind of business and investment (hereinafter “instant club”) with the following to jointly operate the D Underground Art Club (hereinafter “instant club”), and the Plaintiff, the Defendant, and C signed their respective seals and affixed their respective seals to obtain certification.

I agree on the club operation with the representative defendant of this case and C (including the plaintiff) and agree on this arrangement for mutual trust.

1. In selling and buying a tea club by boosting it, it shall be decided to sell and purchase it through mutual consultation, but it shall guarantee the interior cost (the amount of investment shall be 0 million won per annum).

The representative defendant of the business owner C and the plaintiff

2. The amount of alcoholic beverages exclusively engaged in the same trade and all the costs incurred shall be borne by the father F of the representative E.

3. Business operations shall be operated under the consultation of each other;

4. The defendant and C shall allocate profits, other than all kinds of expenses, such as benefits, rents, and management expenses, to 6:4.

B. On the other hand, on July 1, 2014, C invested KRW 30 million in the instant age club and participated in the distribution and operation of KRW 20 million in the net profit, but waives all acts except investment funds, and if any legal act has occurred after the waiver, F and the Defendant shall be liable for civil and criminal liability. On the other hand, C issued the Defendant a written waiver of the content that the said waiver is null and void (hereinafter “instant waiver”).

C. After July 8, 2014, the Defendant notified the Plaintiff on July 8, 2014 that a 20% equity holder C has renounced this contract by giving up the said waiver of equity and the renunciation of management entrustment, and notified the commencement of business as of July 17, 2014, and the Plaintiff, which is 20% equity, received dividends on the 5th day of the following month.