logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.05.14 2019가합551416
손해배상(기)
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 1,636,90,00 against the Plaintiff-Counterclaim Defendant B and its related amount from March 13, 2016 to May 14, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On February 27, 2013, the Plaintiffs, Defendant, and D’s partnership business relationship 1) Defendant, and D’s Japanese-type store located in Gangnam-gu Seoul Metropolitan Government E (hereinafter “instant main store”).

(2) The Plaintiff A received the Defendant’s recommendation to make an investment on February 22, 2013, and February 23, 2013, upon receipt of the Defendant’s recommendation to do business registration, and the Plaintiff A began to engage in the business.

3. From 29. to 3.

4.1. up to January, 400, the sum of KRW 35 million paid to the Defendant’s partner D, and acquired 30% of the share of the instant main point.

3) Meanwhile, on the other hand, on December 2013, Plaintiff B paid KRW 40 million to Plaintiff A’s creditor, and acquired Plaintiff A’s share of KRW 16% on the main points of this case by acquiring Plaintiff B’s share of KRW 16%. 4) On March 2014, Plaintiff B acquired the remainder of Plaintiff A’s share, and entered into a partnership contract with Defendant and D on March 1, 2014, and the main contents thereof are as follows.

The following contracts shall be concluded in return for promising to distribute profits arising from the management of the main points of this case (hereinafter referred to as "the main points") by shares in possession:

Article 1. Each party’s shares and scope of investment 1) Plaintiff B (hereinafter referred to as “A”) shall invest KRW 150 million in capital, and the shares shall be an investment corresponding to 60% of the shares of “A” (profit / Guarantee / Premium). 2) D (hereinafter referred to as “B”) shall have invested KRW 42720,000 in capital and shall have made an investment corresponding to 20% of the shares of “A” and shall have made an investment corresponding to 20% of the shares of “B”.

3) The Defendant (hereinafter referred to as “A”) has made an investment corresponding to 20% of “A” with respect to the operating power so that the Defendant (hereinafter referred to as “A”) will invest 42,720,000 won in capital, shall be faithful to the sale and business provided by “A”, and shall be able to grow up by demonstrating the remaining operating power. (4) The Plaintiff (a) delegated the rights of equity to A and faithfully implement the overall management of “A”.

Article 12. Payment of wages

arrow