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(영문) 대전지방법원 2018.08.08 2015가단214025
청산금
Text

1. All of the instant claims are dismissed.

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

Reasons

Basic Facts

The Plaintiff and the Defendant have been developing from the end of September 201 to the internal relationship in 2014, and have maintained the relationship between 2013 to 2014.

On May 3, 2012, according to the Plaintiff’s introduction, the Defendant purchased the attached building (hereinafter “instant building”) from C for KRW 200 million.

The Plaintiff and the Defendant completed a partnership agreement on August 25, 2012, and on the same day, a notary public was certified by the D General Law Firm No. 7033 on the 2012 deed.

The main contents are as follows:

2. Place and period of the business and trade name;

1. Place of the operations: buildings in this case;

2. Period: From October 2012 until the occurrence of the causes for termination of the partnership agreement.

3. Trade name: E;

3. Allocation and name of the amount of investment and profit distribution among partners;

1. Contribution: The contribution shall consist of the co-owned assets such as the place of the same business (real estate) and the interior, etc.;

Shares: Each defendant and the plaintiff shall be 6:4%. 3.

A profit distribution: A share distribution among net profits obtained by deducting all operating expenses from sales. The name of the business operator shall be the defendant.

5. Reasons for cancellation of a partnership business contract between partners and claims against the third parties.

1. When trust has disappeared because mutual opinion has not been respected;

2. The terms and conditions of the agreement will not be complied with.

3. Where the contract term agreed upon between partners terminates;

4. Any other claims and obligations of a third party following the termination of a contract through mutual consultation shall be settled as the top priority when the contract is terminated.

The remaining assets shall be allocated to each defendant and the plaintiff's share.

The Plaintiff and the Defendant completed the interior of the instant building by December 2, 2012 and commenced the business of E at the same time.

On July 10, 2014, the Defendant leased the instant building to F in KRW 50 million, monthly rent of KRW 3 million, and had F operate E.

[Ground of recognition] The plaintiff's assertion of Gap's evidence, Gap's evidence, Gap's evidence, Gap's evidence No. 2, and Gap's evidence No. 3-8, and the defendant will work Eul in the building of this case.

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