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(영문) 서울중앙지방법원 2019.07.16 2017가단5131373
정산금 등 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 9, 2005, the Plaintiff, G, and the Defendants B, E, and D entered into a partnership agreement for the joint operation of a general restaurant in the name of “H” (hereinafter “instant partnership agreement”). However, the Plaintiff entered into the instant partnership agreement in the name of Defendant F, Defendant B, and Defendant D in the name of Defendant C, and Defendant D in the name of “H”.

The main contents of the Dong business contract of this case are as follows.

Article 1 (Purpose of Contract) Defendant C, G, J, I, and F shall contribute funds to “H” newly commenced at present, and jointly manage them, and allocate profits accruing therefrom to the following ratio:

Article 2 (Investment) The total amount of investment shall be KRW 4.2 million, and KRW 16.67% in the equity ratio of Defendant C 7,000 won, KRW 9.52% in G 4,000, KRW 16.67% in the equity ratio of KRW 70,000,000, KRW 16.67% in the equity ratio of KRW 16.67% in the equity ratio of KRW 177 million, and KRW 40.47% in the equity ratio of KRW 170,000 in the F 1.7 million.

1. Defendant C shall hold the president’s office mainly in charge of the overall business administration of the above enterprise.

2. G, J, I, and F shall primarily act as a joint representative of the above enterprise in their business operations.

Article 4 (Distribution of Benefits) The defendant C and G, J, I, and F shall settle the results of the business during the period from January 30, 2006 to jointly distribute the profits on the fifth day of the following month each month during the contract period from January 30, 206.

§ 5 (Loss) In the event of loss by project, Defendant C and G, J, I, and F shall additionally invest the loss operating expenses in accordance with the equity ratio.

Defendant C and G, J, I, and F shall divide all the assets and liabilities of the company into equity shares when the company closes its business due to business deterioration.

B. On November 14, 2005, the Plaintiff entered into a lease agreement between Defendant C, stating that “A deposit of 1.2 million won, rent of 10,000 won, and from December 1, 2005 to November 30, 2006, with respect to the store of this case (hereinafter “the store of this case”) owned by the Plaintiff, Gangnam-gu Seoul Special Metropolitan City K and one story (hereinafter “the store of this case”),” which reads “A deposit of 1.2 million won, rent of 1.2 million won,” and the term of lease.”

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