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(영문) 서울중앙지방법원 2014.10.29 2013가합49379
정산금
Text

1. Defendant (Counterclaim Plaintiff) C: (a) KRW 44,800,000 against the Plaintiff (Counterclaim Defendant) and its related amount from August 22, 2013 to October 29, 2014.

Reasons

In the summary of the case, the Plaintiff is seeking the payment of the settlement amount against the Defendants on the basis of calculation following the withdrawal from the partnership.

Defendant C, as a counterclaim, sought a payment of the settlement amount according to the Plaintiff’s investment ratio out of the additional investment amount of Defendant C.

On the premise of fact, on June 12, 2011, the Plaintiff entered into a partnership agreement and an additional agreement with Defendant B, a representative of Defendant C, entered into with the name of “E” in Seoul Special Metropolitan City Gwangjin-gu, and agreed to operate the said restaurant business, and on July 5, 201, the Plaintiff entered into a partnership agreement and an additional agreement with the following contents:

The defendant C and the plaintiff bear 60% of the amount of KRW 300 million necessary for the operation of the business, and the plaintiff bears 40% of the amount of KRW 300 million necessary for the operation of the business.

Provided, That until the agreement on the operation of the business is reached, the expenses already invested by the plaintiff shall be KRW 200,000, which shall be settled by including the funds to be invested by the plaintiff.

Article 6 (Management Right) Company's management right is jointly owned by Defendant C and the Plaintiff, and Defendant C and the Plaintiff shall faithfully engage in the management of the Company with due care as a good manager.

Article 7 (Distribution of Earnings)

(a) 3% of the net proceeds obtained by deducting the total costs (including taxes and public charges) from the monthly sales of the Company shall be donated to the F Scholarship Association;

B. The remaining profits from the net profits after deducting the above paragraph (a) shall be allocated according to the investment ratio of Defendant C and the Plaintiff (Defendant C: the Plaintiff = 6:4) and the monthly performance shall be settled and paid on the 10th of the following month.

Article 11 (Effectuation of Loss) If a loss occurs to the management of the company, the defendant C and the plaintiff shall jointly bear the relevant amount, and the ratio of the share shall be the same as the investment ratio.

Provided, That where such loss is incurred due to one of the causes, the relevant one shall be held responsible.

Article 13 (Termination of Contracts)

(a)the Project shall extend the contract through consultation between the Parties; or

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