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(영문) 부산지방법원서부지원 2020.01.15 2017가단9082
약정금등
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 22,817,652 to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from December 13, 2018 to January 15, 2020.

Reasons

1. Facts of recognition;

A. From March 22, 2012, the Defendant operated “C” engaging in metal machinery processing business, and operated the said C as the Defendant and the partnership business from January 1, 2016 to September 30, 2016.

B. On February 15, 2016, the Plaintiff and the Defendant concluded a partnership agreement with the following contents (hereinafter “instant partnership agreement”).

However, the joint business commencement date was agreed on January 1, 2016, and the preparation date of the same business contract was made retroactively on January 1, 2016.

Article 1 (Defendant A) and (Plaintiff) of the Trade Agreement shall be engaged in a joint project from January 1, 2016, and the name of the project shall be determined by C and shall be the joint representative.

Article 2 Shares in Joint Projects shall be 50% A and 50% B, and all profits and expenses shall be distributed according to their shares.

Article 4. The expenses and liabilities related to the business after the business contract shall be responsible for each share regardless of the closure of the business.

C. On September 27, 2016, the Plaintiff and the Defendant concluded a partnership agreement with the following terms (hereinafter “instant partnership agreement”).

Article 1 (Defendant A) and B (Plaintiff) of the Agreement on the Termination of the Business shall terminate the joint project on September 30, 2016.

Article 2 Disposition on Income and Re-public Assets from January 2016 to September 2016 shall be settled on the basis of 5:5.

Article 3 Section 3 (A may be agreed upon by both parties or exchanged in kind at the time of sale) The settlement amount shall be paid to Section B until October 10, 2016.

On September 30, 2016, the Plaintiff and the Defendant reported the closure of business to C.

E. On October 10, 2016, the Plaintiff and the Defendant, upon preparing financial statements at the accounting office, determined the accurate settlement amount according to the partnership relationship, and the Defendant first paid KRW 40 million to the Plaintiff on October 10, 2016.

(f) The net income per books on the income statement from January 1, 2016 to September 30, 2016 for C prepared by the accounting office is KRW 33,657,396.

G. The LAD has supplied Section C with cut tools and materials (hereinafter referred to as “republic goods”), and the Defendant transferred C’s factory.

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