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Reasons
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(영문) 서울중앙지방법원 2017.02.09 2016가단5078130
양수금등
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. As of November 9, 2005, the Defendants and E and F entered into a business partnership agreement (hereinafter “G,” “instant business partnership agreement,” and the “agreement following this agreement,” and the main contents thereof are as follows.

Article 1 (Purpose of Contract) A (referring to Defendant B) and B (referring to the Defendants, E, and F) shall contribute funds to the “G” company newly commenced at present (hereinafter referred to as the “company”), and jointly manage the foregoing general restaurants, and distribute the profits accruing therefrom to the following ratio:

Article 2 (Investment) The total amount of investment shall be KRW 4.2 million, and KRW 16.67% in equity ratio of KRW 16.67 million in defendant B, E 4,000, KRW 9.52% in equity ratio of KRW 16.67% in defendant C, KRW 70,000 in equity ratio of KRW 16.67% in equity ratio of KRW 16.67% in defendant D, KRW 177 million in equity ratio of KRW 40.47% in equity ratio of KRW 40.47% in total.

1. A shall hold the office of president of a company with the primary control over the overall management affairs of the company;

2. B shall mainly engage in the business affairs and jointly represent the company;

Article 4 (Distribution of Profits) A and B shall settle the results of business during the period from January 30, 2006 to distribute profits jointly on the fifth of the following month during the contract period from January 30, 206.

Article 5(Loss)A and B shall additionally invest the loss operating expenses in accordance with the equity ratio in the event that the loss occurs due to the project.

A and B shall divide all the assets and liabilities of the company into equity and distribute and pay all the expenses of the company when the company closes its business due to business deterioration.

B. As of November 14, 2005 between the Plaintiff and Defendant B, the deposit amount of KRW 120 million, KRW 10 million, KRW 10 million, KRW 100,000 (Additional tax is separately set), and the lease contract between December 1, 2005 and November 30, 2006 (hereinafter “instant lease contract,” and the agreement under this provision “instant lease contract”).

C. As of July 10, 2009 between Defendant B and I.

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