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(영문) 서울서부지방법원 2020.06.11 2019가합36226

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

(a) Article 1(1) of the Agreement on the Conclusion of Partnership Agreement on November 1, 2016: “A (referring to Plaintiff A) and B (referring to Plaintiff B) and C (referring to Plaintiff B) shall be engaged in the joint business from November 1, 2016, and the name of the business shall be determined by F.

Paragraph 2: Section A and B shall commence the project in Yongsan-gu (Seoul E) at the seat of the said Party A and B.

Article 2 Paragraph 1:Investment in the F Project shall be 45% when determining the total project cost/investment amount as 100%, 45%, 45%, and 10%, and all profits and expenses shall be distributed in proportion to the investment ratio.

The above ratio shall be determined as the shares when the project is converted into a corporation.

Paragraph 2: A shall additionally require A to convert the project plan, initial idea and invested time into KRW 5,00,000,000, and shall recognize the corresponding ratio (shares).

Paragraph 3: A and B shall bear the lease deposit for the said establishment in accordance with the ratio (shares) of paragraph 1 of Article 2, and shall additionally invest in accordance with the ratio (shares) if necessary for the commencement and operation of the business.

Paragraph 4: It shall be ensured that the relevant ratio (shares) and interests are not known to the outside.

Article 3(1) of the roles, duties and authority of partnership: A shall be the highest management officer, B shall be the highest operating officer, C shall be the highest operating officer, C shall be the president in good faith.

Paragraph 2: Each partner shall carry out business for the same time, and, if necessary, coordinate under mutual consultation.

Paragraph 3: The roles and hours of duties shall be determined as grass.

Paragraph 4: Each partner shall be prohibited from planning, proceeding, or operating any business other than this business.

Provided, That it may be adjusted through consultation as necessary.

Paragraph 5: In case of signing on behalf of the business, consent of partnership must be required.

Article 6 (2) shall apply where a partner has signed without the consent of the partnership.

Paragraph 6: All projects.