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(영문) 서울고등법원 2016.05.13 2014나17468

정산금 등

Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Basic facts

A. On November 1 to December 2012, 201, the Plaintiffs and the Defendant entered into a partnership agreement (hereinafter “instant partnership agreement”) with the term “a joint establishment and operation of a sports center and distribution of its profits, etc.” (hereinafter “instant partnership agreement”). Around January 4, 2011, the Plaintiff and the Defendant entered into a partnership agreement (Evidence A 1) that documentized the rights and obligations, etc. related to the instant partnership agreement, and the main contents of the instant partnership agreement are as follows.

The partner(A) of the partnership business contract: The plaintiff A partner(s): The plaintiff B, B, and C enter into the following contracts with a view to jointly allocating profits arising from the management(s) of D (the head office and PT).

The lease deposit for each building, the interior, and the healthcare organization shall be reverted to this.

The head office: Gangseo-gu Seoul, Gangseo-gu, Seoul, F, Article 1(1) of the 3rd floor E-story has an investment obligation of KRW 1.99 billion in cash, and Eul has an investment obligation of KRW 0.99 billion in total. 2) Byung has an investment obligation of KRW 0.99 billion in comparison with Gap as a result of the relationship between Eul and Eul.

3) As of January 4, 2011, Party A was invested in cash of KRW 1.4 billion as of January 4, 201, and Party A was obligated to make additional investments of KRW 50 million until January 15, 2011. 4) The cash of KRW 60 million as of January 4, 2011 was already invested, and Party B stated in the instant business agreement as “by January 15, 2010” but appears to be a clerical error in the same business agreement, “by January 15, 2011.”

It has an additional investment obligation of KRW 30 million.

Article 2(1) Byung shall manage the above operations with the care of a good manager and manage property, and shall faithfully perform all the obligations to Gap and Eul. 2) Byung shall manage the personnel.