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(영문) 대구지방법원 2016.10.21 2013가합7572
손해배상(기)
Text

1. Defendant C: (a) KRW 96,463,976; and (b) KRW 49,059,549; and (c) each of them, from July 13, 2013 to July 2016.

Reasons

1. Facts of recognition;

A. From February 2007 to April 12, 2008, the Plaintiffs drafted a partnership agreement with Defendant C, etc. with the following contents in order to operate the funeral hall of the first floor underground and the fourth floor building located in Yongcheon-si, E, etc. (hereinafter “instant funeral hall”), and to operate the funeral hall of the fourth floor building (hereinafter “instant funeral hall”).

(A) The Agreement on Trade under this Agreement (hereinafter referred to as the "Agreement on Trade under this case"). The contractor with the OF in the Agreement on Trade shall be the defendant C.

OF funeral hall representative shall be the representative of Defendant C, and the plaintiffs shall not participate in all management.

When it is determined that Defendant C had difficulties in managing Defendant C due to their involvement in management, etc., the right of the relevant Plaintiffs to the funeral home shall be extinguished as well as the measures to refund the deposit to the relevant Plaintiffs.

O The Plaintiffs may not transfer their respective shares without the consent of Defendant C.

O Members’ final shares are Defendant C 45.71%, Plaintiff A 22.73%, Plaintiff B 20%, and Plaintiff B 1.56%, the monthly wage of the representative Defendant C is KRW 5 million, and profits, other than all payments (taxes, public charges, etc.) from total revenues, shall be settled at the end of each month from the beginning of the following month to distribute each share.

O When there is a doubt about management, the representative defendant C at all times shall be asked.

O The incidental income shall be allocated appropriately to the employees (employee) by Defendant C, and the amount remaining after being used for the operation of the funeral hall shall be accumulated.

◎ 한편, 원고들 및 피고 C이 F과 사이에 작성한 계약서(갑 제9호증) 중 이 사건 동업계약과 관련된 주요 내용은 다음과 같다.

Article 23 (Matters of Special Agreement) 6. The matters to be consulted with F among the defendant C and three others (Plaintiff A, G, and Plaintiff B) by the representative C.

In such cases, it shall be deemed that the other contractor has been notified, and the other contractor shall not raise any objection.

(7) The payment of rental deposit shall be made to the representative C when the contract is terminated even during the term of the contract and the maturity expires.

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