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(영문) 창원지방법원 통영지원 2018.12.04 2018가단274

투자금반환 청구

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B and C operated the advertising company under the name of Defendant E (hereinafter “instant company”). On June 4, 2013, the Plaintiff entered into a partnership agreement with the Defendants to jointly operate the instant company (hereinafter “instant partnership agreement”).

The main contents of the instant partnership agreement are as follows.

The plaintiff and the defendants stipulate the "company" as the "company," but they were not actually established by the company under the Commercial Act. The profit arising from the management of the company is distributed in proportion to the shares held, and they enter into the following partnership agreement:

Article 1(1) The Plaintiff’s share and scope of investment 10,000 won shall be 10,000 won as investment, and the share shall be 30% of the company’s net profit. 2) The Plaintiff shall provide all the technologies available for business in the Company and own all the rights of the Company (including patents) and shall receive the shares equivalent to 30% of the company’s share in this investment.

Article 2, 3, 3, 2, 2, 3, 2, 3, 2, 2, 3, 2, 3, 2, 3, 3, 2, 3, 2, 3, 2, 3, 2, 3, 3, 3, and 4, 2, 3, 3, and 3, 3, 3,

In any case, no person may deduct him unless he waives his right.

Article 3. 3 Responsibilities and Responsibilities of Three Persons engaged in the Spornae Business . In order to smoothly maintain the business, three persons shall respect all their rights, observe them in good faith, and give priority to the development of the company than each individual.

To this end, the following obligations must be faithfully fulfilled:

3 all acts from the perspective of interest in the Company and, if any, losses are incurred.

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