손해배상(기)
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Facts of recognition;
A. A Co., Ltd. (hereinafter “A”) is a corporation that is engaged in the processing and marketing of ginseng products, and the defendant limited liability company C (hereinafter “Defendant C”) is a corporation that engages in general travel business, travel arrangement business, etc.
A was commenced on August 27, 2014 by Daejeon District Court 2014Kahap5009, and the Plaintiff was appointed as a custodian of A.
(hereinafter referred to as “Plaintiff”) A and the Plaintiff. (b)
On March 7, 2014, the Plaintiff entered into a Dong business agreement (hereinafter “instant Dong business agreement”) with Defendant C to jointly operate the ginseng sales place in the name of “F” in Jeju-si E-si Building, etc. (hereinafter “instant building, etc.”) owned by the Plaintiff. Defendant D jointly and severally guaranteed the instant Dong business agreement, and the main contents of the instant Dong business agreement are as follows.
2. Operation and ownership 1) F shall be jointly operated and owned by both the Plaintiff and Defendant C. Not only the purchase cost of land and buildings, but also the construction cost and the construction cost and the installation cost of the house at a selling outlet shall be borne by the Plaintiff in proportion to 5:5. However, the Plaintiff shall bear the total purchase cost and the construction cost and the installation cost of the building and the land. Defendant C shall preferentially share the 250,000,000, but the difference that Defendant C shall bear according to its equity ratio shall be deducted from the profits of the Defendant C’s share in the F’s capital ratio. If Defendant C fails to preserve the Plaintiff’s excessive investment by December 31, 2014 due to the low department profit, Defendant C shall pay the difference to the Plaintiff by January 31, 2015.
3) The amount of shares of the Plaintiff and Defendant C shall be determined by the separate list by the end of March, but the ownership of F shall be currently owned by the Plaintiff, but the relevant borrowings, the amount of creation, and the full repayment of the investment shares of Defendant C, or by mutual agreement.