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(영문) 의정부지방법원고양지원 2014.02.14 2013가합50435
기타(금전)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 12,734,921 to the Defendant (Counterclaim Plaintiff) and against this, from October 26, 2012 to February 14, 2014.

Reasons

1. Basic facts

A. On October 4, 2011, the Plaintiff and Defendant B entered into a partnership agreement with each other to jointly invest 50% of each of the 50% of each of the 50% of each of the 4th parties and jointly distribute the same profits accrued from the business of producing and selling low-price television, and registered the business as D with the Plaintiff and Defendant B as joint business proprietor on October 25, 201 under the said agreement.

B. After doing so, the Plaintiff and Defendant B recommended investment to Defendant C, and Defendant C paid the Plaintiff and Defendant B a total of KRW 200,000,000 on November 4, 201, and KRW 175,000,000 on November 16, 201. The Plaintiff and the Defendants entered into a partnership agreement with the content that invested their capital on January 26, 201 to change D to a stock company and operate them (hereinafter “instant partnership agreement”). The instant partnership agreement includes the following contents:

(hereinafter) Under the instant trade agreement, the Plaintiff and the Defendants’ partnership (hereinafter “D”) or “D” are the instant partnership. The Plaintiff and the Defendants promise to distribute the profits arising from the management of D (hereinafter “company”) to the allocation rate by their shares, and conclude the following partnership agreement:

Article 1 [The equity interest and the scope of investment] 1) Defendant C shall make an investment of KRW 175,000,000 in capital stock with interest-free loans of KRW 175,000,000 in capital, and the share shall be an investment corresponding to 30% of the shares of the Company. 175,00,000 shall be refunded at the time of the request of the Plaintiff after one year. 2) The Plaintiff shall make an investment in capital of KRW 25,00,000, and shall provide all technology (a panel and SD) to conduct business in the Company, and shall own all the rights of the Company and shall make an investment corresponding to 30% of the shares of the Company.

3. Defendant B shall invest 25,00,000 won in capital, shall faithfully carry out the business using the market goods and the capital through the development of technology provided by the company, and may grow by displaying the business ability to the extent that the company continues to exist.

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