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(영문) 수원지방법원안양지원 2015.05.15 2014가단10869
환급금반환
Text

1. The Defendant’s KRW 70,029,00 for the Plaintiff and 5% per annum from April 22, 2014 to May 15, 2015.

Reasons

1. Basic facts

A. The Defendant has operated D business with C as a partnership business (hereinafter “instant business”). The Plaintiff acquired 45% of the shares held by C with respect to the instant business and agreed to operate the instant business together with C on August 16, 2010, and paid KRW 65,000,000 in return for the corresponding share.

B. On August 17, 2010, the Plaintiff started a ice cream business with the Defendant. On the same day, the Plaintiff prepared a partnership business agreement with the following contents (hereinafter “instant partnership business”), and a notary public obtained certification on the said contract with the law firm New Village, etc. No. 3200 on the same day.

When the defendant (hereinafter referred to as "A") and the plaintiff (hereinafter referred to as "B") commence their business, they enter into the same business contract as follows:

-The following-Article 1, Section A and Section B shall be engaged in the joint business from August 17, 2010, and the name of the business shall be specified D and shall be specified as Section A.

Article 2 Shares in Joint Business shall be 55% A and 45% B, and all profits shall be distributed according to their shares.

Article 3 Section A and B shall jointly share the lease deposit and additional expenses incurred in the operation of the workplace at the above workplaces.

Article 4. The expenses and liabilities related to the business after the partnership agreement shall be jointly responsible regardless of the discontinuance of the business.

Article 5 (D) Details concerning the operation shall be determined and executed through mutual consultation.

Matters referred to in Article 6 shall be governed by commercial practices.

Section 7. Each seal imprint shall be affixed and kept in one copy in order to verify the facts of such a contract.

Investment: 120,000

C. On April 1, 2010, the Defendant: (a) registered the business as a type of business, such as an Arabic wholesale and retail business; and (b) filed a report on the change in the business jointly with the Plaintiff and the Defendant on April 21, 201.

On February 14, 2012, the Plaintiff expressed his intent to terminate the instant partnership agreement to the Defendant, and the Defendant, on March 7, 2012, expressed his intent to run the partnership agreement to the Plaintiff.

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