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(영문) 부산지방법원 2020.01.10 2019나50526
동업지분의 계산 및 반환 청구의 소
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. A. Around August 2016, the Plaintiff agreed to operate a axis classroom jointly by providing the Defendants with labor, such as securing the site necessary for opening the festival classroom, construction and management of facilities, and operation and management of vehicles for students, for the purpose of opening and operating the axis classroom. Defendant B agreed to operate the axis classroom jointly, with the aim of investing and accounting work equivalent to KRW 340,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

(hereinafter referred to as “instant trade agreement”). (b)

According to the instant Dong business contract, around August 6, 2016, the Plaintiff entered into a lease agreement with respect to the building to be used as a stable classroom, and thereafter, performed the business selection, management and supervision, etc. of the company while removing the internal facilities, performing the office interior interior interior interior interior works, and performing the installation works of the stable construction and the entrance entrance. Defendant B also invested KRW 340 million in total with loans, etc. from financial institutions.

C. On November 2016, the stable classroom pursuant to the instant business agreement was opened around November, 2016, and the Plaintiff was in charge of the Plaintiff’s management of the facilities, such as the operation of the entrance vehicle, the office, and the Gu funeral.

On February 2, 2017, the Plaintiff drafted a partnership agreement with the Defendants with respect to the instant partnership agreement as follows (hereinafter “instant partnership agreement”).

Trade name of the partnership contract: The plaintiff of the D livestock shed classroom and the defendants shall enter into this contract with a view to allocating profits arising from the joint establishment of D livestock shed classroom to their respective shares as follows, and specifying the provisions and obligations relating to joint projects:

The name ratio (=profit ratio) Defendant B 30% Defendant C40% Plaintiff C 30%, total of 100% Plaintiff C 30% from the commencement date of joint business, the Plaintiff and the Defendants have the following individual obligations, and the Defendants shall faithfully perform their obligations with respect to joint business operators:

Defendant B’s name duty is Defendant C.

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