(영문) 수원지방법원 2019.05.01 2018가합19869

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(영문) 수원지방법원 2019.05.01 2018가합19869

동업정산금 청구의 소

Text

1. The plaintiffs' primary claim and conjunctive claim against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. Plaintiff B and Defendant C are siblings, and both the Plaintiffs and the Defendants are married couple.

B. The Plaintiffs lent money to the Defendants several times, and around July 2013, the Defendants provided the following agreements between the Plaintiff A and the Defendants (hereinafter “instant agreement”) with respect to KRW 500,000,000,000,000,000,000,000 that were previously loaned, while providing support for the Defendants’ business trip covering project.

Plaintiff

A and the Defendants shall receive investment in the form of receiving necessary project funds from the Plaintiff in order to continue a business trip project, which has been made in the name of the Defendants E located in Suwon-si, and shall prepare a written agreement by prescribing the following provisions:

1. The plaintiff A shall accurately grasp and fully repay the money that the defendants would have incurred while running a business trip to cover with a cover of expenses.

(Total 500,000,000). 2. The Defendants shall delegate to the Plaintiff A all the accounting authority concerning revenues and expenditures in the operation of a business trip, until the amount borrowed from the Plaintiff A is fully repaid.

3. If a card has been settled in the name of the E representative, it shall be immediately transferred to the Plaintiff A’s account.

4. The plaintiff A and the defendants must deposit an amount of 10% of the total monthly sales in the individual account of the plaintiff A.

5. The plaintiff A and the defendants shall set the wages according to their respective business capabilities and pay them monthly.

6. If the amount invested in the loan is fully recovered, the Plaintiff A shall terminate this Agreement without any condition to the Defendants and allow the Defendants to engage in the business under the direction of the Defendants.

7. In conducting a business trip, the Defendants will make disbursement to the Plaintiff A with respect to the disbursement of the investment.

8. The Plaintiff A and the Defendants are effective as part of January 1, 2014.

C. The Defendants shall sum up to September 7, 2013 to January 23, 2016 pursuant to the aforementioned agreement to Plaintiff A.

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