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(영문) 서울남부지방법원 2016.03.24 2015가합104078
손해배상(지)
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. Trade name of a joint business agreement with the Plaintiff and C: D business place address: F business place address: The partner 1 (referring to the Plaintiff; hereinafter the same shall apply) and partner 2 (referring to the “C”; hereinafter the same shall apply) of the first floor of the building in Gangnam-gu Seoul Metropolitan Government shall enter into the same business contract as follows in the operation of all the projects carried out at the above location:

Article 1 (Share Ratio and Scope of Contracts) The equity ratio of net profits, excluding expenses (outside personnel expenses, taxes and public charges, various taxes, monthly taxes, administrative expenses, etc.) necessary for the operation of companies among the profits accruing from the above workplace, shall be determined by the partner 5:5, respectively, and the scope thereof shall be limited to all the business profits in the situation in which the partner and the partner maintain this contract.

In operating a business under Article 3 (Duties), the partner 1 and the partner 2 shall not be negligent in exercising the care of a good manager, and matters that have an important effect on the business other than normal affairs shall undergo prior consultation among the partners.

Article 4 (Withdrawal) In the event of withdrawal from a partnership due to personal circumstances during the operation of the business, the intention of mutual consent is required, and the company's claims and liabilities shall be jointly consulted and processed from the time of withdrawal.

Provided, That the party who has expressed its intention to withdraw shall compensate the other party who shall continue to operate the business for such damage.

1) On May 1, 2013, the Plaintiff entered into a joint business agreement with C as follows (hereinafter “instant partnership agreement”).

In accordance with the instant trade agreement, the Plaintiff registered its business with the trade name “D (E)” on the same day, and the promotional video producer using the said trade name (hereinafter “instant company”).

(2) The business of the instant company is requested by the ordering company for the production of video works.

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