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(영문) 서울중앙지방법원 2019.11.12 2019나13970
투자금
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On July 2014, the Plaintiff entered into a partnership agreement with the Defendants and D on the following (hereinafter “instant contract”) with a view to jointly establishing and operating a dental hospital in the People’s Republic of China (hereinafter “China”).

In order to jointly establish and operate a regional dental hospital in China, the plaintiff, the defendants, and D shall enter into the following contracts:

Article 1 (Investment Obligations) The contributions of the Plaintiff, the Defendant C, the Defendant B, and D are agreed to substitute for D’s labor, etc. The contributions of the Plaintiff are 2,4.5 million won (35%), 24.5 million won (35%), 14 million won (20%), and 7 million won (10%), respectively.

Article 2 (Business Management Obligations) The plaintiff, the defendants, and D shall, with the care of a good manager, operate the above business, manage the property, and faithfully perform all of their obligations.

Article 3 (Distribution of Profits) The profits shall be distributed in accordance with the ratio of investment on the 15th of the following month after the settlement of accounts at the end of each quarter.

Article 4 (Representative) Transactions with third parties necessary for the management of the above business, business names, and other acts incidental to the business shall be jointly represented by the Defendants and the rights and obligations shall be borne by the Plaintiff, the Defendants, and D.

Article 5 (Liability for Loss) The plaintiff, the defendants, and D shall bear the loss according to the ratio of investment when the loss was incurred due to the operation of the above business.

Article 6 (Right of Monitoring of Business) The plaintiff, the defendants, and D shall, at any time at the request of the other party, present in writing the matters concerning financial affairs and the accounting data on business and transactions, and shall report the overall business to each other.

Article 7 (Term of Contract) This Agreement shall continue to exist for two years, except in exceptional circumstances, and the contract shall be extended for the same period unless the other party objects to the expiration.

Article 8 (Right to Termination of Contract) The plaintiff, the defendants, and D shall set a period of six months prior notice.

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