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(영문) 서울중앙지방법원 2016.07.14 2015가합505019
동업자금 및 수익금 반환
Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 80,272,213 and its amount from January 16, 2015.

Reasons

C. On July 2, 2014, the Plaintiff paid KRW 80 million each on July 2, 2014, and the Plaintiff paid KRW 15 million each on July 2, 2014.

The Defendants paid the lease deposit of KRW 70 million under the instant lease agreement to G around that time.

On July 3, 2014, the Plaintiff and the Defendants enter into a partnership agreement with the contents of the partnership agreement (hereinafter “instant partnership agreement”) as follows, and the Plaintiff and the Defendants enter into a partnership agreement with the Plaintiff and the Defendants with the partnership agreement (hereinafter “instant partnership agreement”) as follows: (a) in the location: H and I of Seoul Jung-gu; and (b) in the list of the parties, they enter into the partnership agreement as follows:

- Article 1 - The Plaintiff and the Defendants are engaged in a joint business from June 30, 2014 (based on the date of transfer and takeover), and the name of the workplace shall be J Hasts and the representative shall be the Defendant B.

Article 2 The total amount of investment shall be KRW 280,000,000,000,000 as a joint project share shall be Plaintiff 28.57% and Defendants 71.43%, and all profits and expenses shall be distributed in proportion to the share.

*The details of the investment amount* The plaintiff: KRW 80 million, the defendants: 200 million, the costs and liabilities relating to the projects after the business contract under Article 3 of the same Act shall be liable for each party’s shares, regardless of the discontinuance of the business.

The period of operation shall expire on the last day of the period of sale or lease of J-Sast Hasts.

Article 4 Matters concerning the operation of J P PSSs shall be governed by the authority and responsibility of the Defendants as their representative, and the Plaintiff shall operate the Defendants with mutual consultation and cooperation as much as possible with the intent of the Defendants.

Other matters shall be governed by commercial practices.

In the event of a violation of Article 5, the agreement of this business shall be terminated immediately, and the Defendants shall reimburse the Plaintiff for the amount of KRW 80 million invested by the Plaintiff.

was concluded.

On the other hand, on August 12, 2014, the Plaintiff transferred KRW 50 million via the Agricultural Cooperative Account (Account Number: K) of F, and KRW 15 million in total, KRW 65 million via the Agricultural Cooperative Account of F’s spouse L (Account Number: M).

On October 16, 2014, the Plaintiff: (a) on October 16, 2014, the Defendant’s “the Defendant” operates the instant store business.

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