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(영문) 서울동부지방법원 2019.02.01 2017가단110183
정산금 등 청구의 소
Text

1. The Defendant’s KRW 15,605,157 as well as the annual rate from February 7, 2016 to February 1, 2019, and the next day.

Reasons

1. Facts of recognition;

A. On February 6, 2013, the Plaintiff entered into a joint agreement with the Defendant (C Committee’s operation) on Internet satisfaction projects (hereinafter “instant partnership agreement”), and deposited the total amount of KRW 20 million with the post office account of the Defendant (C Committee), KRW 30 million on February 25, 2013, and KRW 70 million on February 26, 2013.

The main contents of the instant joint agreement are as follows.

(On the other hand, the expenses under the agreement shall be KRW 150 million. However, the plaintiff agreed to invest only KRW 70 million and did not indicate the share ratio on the amount invested. The contents of the joint project agreement: C Committee representative defendant (hereinafter referred to as "A") and D representative plaintiff (hereinafter referred to as "B") shall enter into an agreement on the basis of good faith as follows.

The following defendant's duties:

1. It shall provide all sex data services necessary for the operation of the D site.

2. Open and provide a site containing all weathers.

3. The advertisement and publicity will run with the Plaintiff so that the site can be operated smoothly.

4.provide for the Project part of the office of the sixth floor of the E Building.

Plaintiff’s duty

1.provide costs (150 million won) for the establishment and operation of a D site.

2. The representative director of the new corporation shall be in charge of the bankruptcy planD;

Joint Obligations

1. The shares in the sale after the progress of the project shall be fixed at the rate, except for all kinds of expenses (after mentioned A and B).

2.In principle, “B” (Plaintiffs) shall take precedence over the amount (150 million won) provided by “B” (Plaintiffs) from the proceeds after the sale, and the portion on the same amount (150 million won) from the subsequent sales shall be “B”.

3. For the portion of expenditure, where "A" and "B" are affixed and affixed joint seals, they shall be effective.

4. The duration of this Arrangement shall be the first three years and may be extended after mutual agreement between "A" and "B".

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