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(영문) 창원지방법원통영지원 2020.01.21 2018가단22229
약정금
Text

1. Defendant B Co., Ltd and Defendant (Counterclaim Plaintiff) C are jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 30,000,000.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

A. On January 12, 2017, when jointly operating a “tentative G Co., Ltd.,” D, E, Plaintiff, and F entered into a partnership agreement (hereinafter “instant first partnership agreement”) that carries soil and sand, etc. (hereinafter “instant business”) by leasing a large volume of H H T (hereinafter “instant quantity”) and transporting them. The relevant details of the instant first partnership agreement are as follows.

Article 1 (Investment Obligations) A, B, C, and E are referred to as “B” and “B” as “B” and “B” respectively.

The incorporation shall be lent (investment) to Gap and Eul by cash 50,000 won (50,000 won) according to capital stock.

(including 50 million won) Article 4 (Liability for Profit Distribution), Section A, Section B, and Section C, Section C, from the contract date to the contract date to the contract date and the transfer of the same type of business to the project.

It may be extended according to the circumstances of the workplace, and there shall be 1/3 (business), 1/3 (business), 1/3 (business), 1/3 (50,000 won loan), 1/3 (50,000 won loan) of C's shares, and there shall be no fixed shares, and monthly personnel expenses shall be the number of directors of other companies in general by the time of the completion of the business.

A and B shall refund the amount of incorporation to responsibilities Byung within one year.

Article 6 (Liability for Loss) A, B, and C shall be liable for any loss incurred in running the above business.

B. The Plaintiff invested KRW 50,000,000 in cash in accordance with the instant first business agreement.

C. D, E, Plaintiff, and F had Defendant C carry out the instant project from September 2017 under the name of Defendant B, which was the representative of Defendant C, on condition that they had Defendant C carry out transportation duties, such as earth and sand, in the instant quantities.

The original D, E, Plaintiff, F, and Defendant C are the defendants.

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