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(영문) 서울남부지방법원 2014.12.18 2014가합103917
투자금 반환 등
Text

1. The Defendant’s KRW 52,108,074 as well as 6% per annum from May 2, 2014 to December 18, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a merchant who runs a furniture sales business, a wood processing business, etc. under the trade name of “C,” and the Defendant is a merchant who runs a wood import sales business, etc. under the trade name of “D.”

C. Representative A (hereinafter referred to as “A”) and D, Representative B (hereinafter referred to as “B”) enter into a contract with a view to jointly distributing profits arising from the management of collective timber and dry timber as follows:

Article 1 [Obligation of A] ① “A” shall be completed by completing the obligation to manufacture aggregate trees as soon as possible using the raw materials for construction and customs clearance costs necessary for the import of raw materials.

(4) (A) shall lend approximately KRW 50 million to (B) and shall be repaid within 20 months from the date of commencement of the sale.

Interest shall be determined by separate consultation.

Article 2 [Obligation to Comply with B] (1) (B) imports of timber to Russia suppliers without making a prior payment for import.

The settlement of import amounts shall be in accordance with Section 3 above 1.

(2) The whole quantity of a plastic plate the construction of which has been completed in the Republic of Korea shall be sold as soon as possible.

Article 4 [Duty to distribute Profits] (1) "A" and "B" shall jointly distribute profits equivalent to 50% "A" and 50% "B" out of the monthly profits from the signing date of the contract to the termination of the contract.

Provided, That the profit shall be calculated by the net profit of restricting domestic and foreign business trips, sales expenses, and taxes from the total profit.

Article 10 [Duration of Contract] This Agreement shall continue to exist for two years from the date of signature, except in extenuating circumstances, and in the case of expiration of the period, the contract shall be extended every year unless there is an objection by “A” and “B”.

Article 11 (Right of Termination of Contract A and B) The Parties may terminate the contract in any of the following cases:

(1) An act of deceiving the other party, or an illegal act, or a limited act, or (2) an act of not distributing any profit.

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