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(영문) 서울고등법원 2019.06.19 2018나2059299
출자금반환
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) that exceeds the following amount ordered to pay.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 11, 2015, the Plaintiff and the Defendant concluded a trade agreement (hereinafter “instant trade agreement”) under which the Plaintiff and the Defendant would operate a joint business with respect to the Gangnam-gu store located in Gangnam-gu Seoul (hereinafter “instant store”).

The main contents are as follows:

Partnership Business Agreement

3. (Method of Investment) The Plaintiff shall pay KRW 250 million to the Defendant by March 25, 2015, and the Defendant shall be paid the said amount by the Plaintiff, and at the same time, shall exceed 50% of the share of the instant store and operate the said amount in a partnership business.

4. (Right and Duty and Profit and Loss Distribution) ① The plaintiff and the defendant have 50% equity interest in the tangible and intangible assets and obligations of the store of this case, and the property rights and obligations acquired after the entry into force of this contract shall be acquired under the joint name of the plaintiff and the defendant.

② The Plaintiff and the Defendant shall monthly settle accounts as to the profits and losses of the store of this case and distribute them to 5:5.

6. (Business Performance) ① The representative director E shall be appointed as the manager of the instant store, and E shall conduct internal and external business on behalf of the instant store;

④ Sale by a third party to the store of this case shall be conducted through consultation between the plaintiff and the defendant, but where an agreement is reached, the defendant may determine the time of sale and the price of sale.

10. (Termination, Withdrawal) ① If the plaintiff and the defendant transfer or offer shares to a third party without the consent of the other party, and if the plaintiff and the defendant fail to perform their obligations under this Agreement and thereby seriously impede the maintenance of the relationship of the operation of the store of this case, due to the violation, or if the plaintiff and the defendant repeats the illegal act and fails to correct it, provisional attachment, provisional disposition, seizure, etc. for the share of the plaintiff and the defendant, and fail to settle it within three months, all of them become grounds for termination of the agreement of the business.

11. (Termination of Settlement of Accounts)

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