(영문) 수원지방법원성남지원 2016.08.10 2016가단5749

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(영문) 수원지방법원성남지원 2016.08.10 2016가단5749

동업계약에따른 이익금반환

Text

1. The Defendant’s KRW 15,232,526 as well as the Plaintiff’s annual rate of KRW 5% from March 22, 2016 to August 10, 2016.

Reasons

1. Basic facts

A. On April 1, 2015, the Plaintiff and the Defendant entered into a partnership agreement with the content that jointly operates the “Dental Institute” (hereinafter “D Teaching Institute”) under 608 among the 608 buildings of Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-si, Sung-si, and the content related to the instant case are as follows.

1. Indication of the business to be operated;

A. The business to be operated as the business of the Korean Language Institute shall be the business place, and the place of business shall be Da608, Sungnam-si, Sungnam-si, and its mutual name shall be Do Private Teaching Institutes.

Where it is necessary to change the type, scope, place or trade name of a project due to circumstances, a modified contract shall be concluded by an agreement between the parties.

B. The business registration of the above business shall be the joint name during the period of the business, and the representative shall be the defendant.

2. The period of operation;

(a) The period of operation shall be five years from April 1, 2015, and the period may be extended by two years through an agreement between the parties, and the contract shall not be formulated separately unless any change occurs to the terms of the contract.

3. Distribution of profits and losses;

(a) The Parties shall settle the profits earned from this project at the beginning of each year (if extended, at the end of each year, and if the same business is terminated before the end of each year, at the end of the same year) and distribute them at the beginning of each year;

B. In the settlement of accounts, shares are invested by 50% by the Defendant and the Plaintiff respectively, but the distribution of profits and losses is determined to be 60% to the Defendant and 40% to the Plaintiff, taking into account the Defendant’s management and lectures.

Provided, That the defendant and the plaintiff may make a monthly advance payment of the profit under the mutual agreement.

4. Methods of operation;

A. Representative Operation: The management of the above business shall be operated on behalf of the defendant, and all powers pertaining to the management of a driving school shall be determined by the defendant, and the plaintiff shall comply with the defendant's decision and shall not interfere with.

B. Accounting management: The plaintiff (the defendant seems to have written in writing of the plaintiff) shall settle the profits and losses at the end of each month and the defendant's plaintiff.

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