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(영문) 수원지방법원 2017.11.02 2017나62846
약정금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

. On May 22, 201, KRW 30 million, KRW 10 million on August 19, 2014, and KRW 40 million on the Defendant’s business.

B. The specific content of the partnership agreement entered into between the Defendant and the Plaintiff (hereinafter “instant agreement”) is the same as the content and amount of investment (as for the Plaintiff, KRW 40 million, KRW 50 million, and KRW 50 million) of the partnership agreement entered into with the Defendant’s friendship D on March 13, 2014.

The specific contents of the above contract for the same trade (A evidence 2-2) are as follows:

The Defendant “A” (hereinafter referred to as “A”) and “B” (hereinafter referred to as “B”) shall enter into the following contracts to jointly distribute profits arising from the operation of the C Machines.

Article 1 (Obligations of Investment in A and B) A shall provide buildings (No. 106 of the E-Industrial Complex Ddong 106, Gyeonggi-do, E-si), tools, seals, fixtures, etc. necessary for the management of the business.

B The obligation of investment is completed by providing Party A with 50,000 million won (50,000,000).

* From January 2014 to 20 years after the first date of the business operation, A guarantees 10 million won (100,000,000) per annum (50,000) for 1 year from January 2014 to 20 years, and compensates 10,000 won as much as the shortage occurs.

Article 2 (Obligation to Share Profits A and B), and Eul shall settle the rate of 1/2 each at the same rate as the 15th day of the following month in accordance with the income statement from the first day to the end of the month.

Article 3 (Duties of Business Management of A and B), and B, as a good manager, shall operate the business and manage property, and shall faithfully perform all the duties related to the operation of the business.

Article 4 (Contract Termination and Damages) A and B shall not unilaterally terminate a contract without mutual agreement, and if this contract is terminated or terminated due to any cause attributable to either of the parties, they shall compensate the other party for the damages.

C. On May 24, 2015, the Plaintiff “L3 Vice-ranking.”

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