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(영문) 인천지방법원 2020.06.05 2018나68967
이익분배금
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) was 6,898,827 won and 827 won.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On August 31, 2011, the Plaintiff and the Defendant concluded a partnership agreement with the content of establishing and operating a gold-type producer with the trade name “C” (hereinafter “instant partnership agreement”) by investing KRW 50,000,000, respectively.

B. The contents of the instant partnership agreement are as follows.

Partnership Business Agreement

1. The trade name shall be “C”.

2. The total amount of capital shall be KRW 50,000,000,000,000,000 respectively.

3.The dividend method shall be the distribution key in 50 per cent (Defendant) and 50 per cent (Plaintiffs) respectively with net profits, excluding taxes, public charges, and operating expenses.

4. A (Defendant) and B (Plaintiff) may not transfer to a third party any right to operate the same kind of equity without the consent of the other party.

5. He/she shall notify the other party of his/her withdrawal three months prior to the date he/she intends to withdraw from the cooperative and shall obtain consent.

6. This Agreement shall enter into force on September 1, 201.

7. This contract shall continue to exist unless there are special circumstances.

C. While the Plaintiff and the Defendant jointly operated C, the relationship between the Plaintiff and the Defendant terminated upon voluntary withdrawal from the instant trade agreement on December 31, 2015, and the Defendant independently operates C from January 1, 2016.

There is no dispute between the parties that the total amount of C’s net income generated between 2011 and 2015 is the total amount of KRW 88,997,654 in total or the total amount of net income of KRW 88,97,657 in total or the total amount of net income of KRW 88,97,654 in total.

(i) Of 201, KRW 12,764,029 for 201, KRW 14,605,680 for 2013, KRW 27,946,828 for 2015, KRW 28,74,897 for 2015.

【Fact-finding, Gap’s 1, 2, and 3 evidence, Eul’s 1 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Defendant asserting the cause of the Plaintiff’s principal claim is KRW 164,139,031 in total (= KRW 44,498,827 in total) KRW 39,00,000 in total, KRW 72,439,484 in total, KRW 8,200,720 in total) of the following items to the Plaintiff.

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