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(영문) 서울중앙지방법원 2015.10.07 2013가합549800
정산금반환청구
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) KRW 334,424,534 and its related amount shall be from July 1, 2015 to October 1, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff and the Defendant entered into a partnership agreement around 2007, and agreed that the Plaintiff and the Defendant jointly operated the Internet shopping mall C with the specialized Internet shopping mall C, which was equipped with the Plaintiff, to terminate the partnership agreement around August 29, 2012, and agreed as follows.

(hereinafter “instant agreement”). Article 2 (Joint Business Agreement and Establishment and Operation of Company)

A. The plaintiff and the defendant have established and operated C and D in accordance with the partnership business agreement, and they are co-representatives of this Internet shopping mall.

B. In the case of D, although the representative is the E, E is merely a representative in its name, and the plaintiff and the defendant confirm that they are the actual representative.

Article 3 (Termination and Settlement of Agreement) The plaintiff and the defendant shall decide to terminate the agreement under mutual agreement and shall settle the agreement in accordance with the settlement of accounts under the following Article 4:

Article 4 (Contents of Settlement of Accounts)

(a) Ownership and management rights of C and D are solely owned by the Plaintiff.

B. In accordance with the termination of the agreement, the Defendant assumes that there is no rights or obligations with respect to C and D any longer at the joint representatives of C and D, and that they do not have any rights or obligations with respect to C and D.

Upon the termination of a partnership agreement, the defendant shall be paid the settlement amount, etc. from the plaintiff as follows, and no further claim may be filed against the plaintiff.

(1) The defendant shall be paid 400 million won to the plaintiff by September 30, 2012 under the pretext of the settlement of accounts following the termination of the business agreement.

② In lieu of waiver of C’s ownership and all rights thereto, the Defendant shall be paid KRW 9 million each month from the Plaintiff on September 28, 2012 to August 28, 2017 on the 28th day of each month.

(3) In lieu of waiver of the ownership of D and all of its rights thereto, the Defendant shall be paid 10% of the monthly gross sales of D from the Plaintiff on the 28th day of September from September 28, 2012.

The first amount deposited on September 28, 2012 shall be based on sales recorded on August 2012.

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