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(영문) 서울고등법원 2018.08.24 2016나2088422
정산금
Text

1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and the Plaintiff’s revocation part shall be the Defendants.

Reasons

1. Determination as to the plaintiff's claim for the payment of the agreed amount under the partnership agreement against the defendants

A. Basic facts 1) The Plaintiff is F Co., Ltd. (hereinafter “F”).

Defendant B is the representative director of the corporation, and Defendant B is the corporation G (hereinafter “G”).

Defendant C is the representative director of the Company D (hereinafter “D”).

is the representative director of the Commission.

A: Defendant B and Defendant B: The F Representative Director and the Plaintiff A: The Plaintiff and the Plaintiff A: B, prior to the instant trade agreement, D was established on March 14, 201, and Defendant C was appointed as the representative director of D.

Defendant C and Defendant C by individual

1. The name of the new company incorporated shall be Co., Ltd. D, and Gap, Eul, and Byung shall invest KRW 100 million and divide Gap's 34% shares, Eul, and Byung's 33% shares, respectively, and the representative of the new company shall be entrusted by defendant C with all of the above company's responsibilities (personnels, approvals, and other) and shall be reported to Gap and Eul as a certificate of balance of sales and purchase once a month.

2. In order to secure the new company and shares above the requirements for the establishment of the new company, A shall use the E apartment unit located in Incheon to exceed KRW 700 million, and the interest shall be paid to B as the loans of the bank amounting to KRW 400 million among the loans of the bank shall be borne by B, but the expenses shall be paid by Byung to B.

The immediately after India shall be paid KRW 200 million to Gap, and the remainder shall be provided to Byung after securing the purchase fund, and in this case, Eul shall also pay KRW 100 million to Defendant Byung.

Byung's security of KRW 50 million and cash of KRW 50 million may be put in, but it is also possible to replace goods or others.

3. The interest on the House and the interest on the amount of KRW 400,000,00,000 paid to Byung shall be paid in this context by providing Byung with a larger profit from the sales amount of Byung, and if the value is later changed, then the new company will be incorporated into the new company and the new company will be obtained, and in preparation for the fall, Byung shall be paid in two years after each month.

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