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(영문) 대구지방법원안동지원 2014.02.19 2013가단20342
청산금반환 등 청구의 소
Text

1. As to Plaintiff A’s KRW 5,780,00, and KRW 12,00,000 for Plaintiff B and each of the said money, the Defendant shall start from January 5, 2013 to January 5, 2014.

Reasons

1. Summary of the assertion

A. The Plaintiffs and the Defendant were dissolved pursuant to the sales contract concluded between the Plaintiffs and the Defendant on June 26, 2012. As such, the Defendant is obligated to pay the settlement amount due to the dissolution of the partnership to the Plaintiffs. Since the Defendant exercised the Plaintiffs’ right of rescission following the nonperformance of obligations under the said sales contract, the Defendants are obligated to restore the damages due to nonperformance and the cancellation thereof.

B. Partnership was liquidated by agreement between the Plaintiffs and the Defendant on January 4, 2013. The Defendant is only obligated to pay KRW 5,780,000 to the Plaintiff and KRW 12,00,000 to the Plaintiff according to the said settlement agreement.

2. In full view of the following facts: (a) the Plaintiffs and the Defendant concluded a partnership agreement on the operation of the D cafeteria around October 201 (hereinafter “instant cafeteria”); (b) the Plaintiffs received the instant cafeteria on June 26, 201 and paid KRW 130,00,000 to the Defendant for the payment of KRW 130,00,00 in return; and (c) the Plaintiff and the Defendant asserted that the agreement was lost on January 4, 2013; and (d) the Plaintiffs and the Defendant agreed on October 4, 201 to pay KRW 130,00,000 in return for the agreement; and (e) the Plaintiffs concluded a contract between the Defendant and the Defendant to pay KRW 130,00 in return for the change of the names of the Plaintiff and the Defendant to the Plaintiff on June 26, 2012; and (e) the agreement between the Plaintiff and the Defendant on January 20, 2008.

On the other hand, the plaintiff's contract on June 26, 2012 is valid.

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