(영문) 서울고등법원 2015.05.14 2014나2048994

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(영문) 서울고등법원 2015.05.14 2014나2048994

손해배상(기)

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Article 1 of the Basic Facts / [Purpose] The purpose of this Agreement is to make an investment in relation to the Defendant’s business and distribute profits generated from the business.

Article 2 【Definitions】

1. The term “sene car business” means a business jointly operated by the plaintiff and the defendant through the expansion of facilities for sirens by the defendant and the expansion of sirens by making investments in the plaintiff’s funds and loans;

2. The term "investment" means the payment of the agreed investment and credit for the business of the defendant and the recovery of a certain rate of investment profits generated from the sale of the relevant business;

Article 3 / [Investment Funds]

1. Under this contract, the Plaintiff shall pay in full the amount of 400 million won credit for 10 vehicles until December 30, 2014.

Article 4 【Distribution of Profits】

1. The plaintiff and the defendant distribute monthly profits from the plaintiff's investment under Article 3 to the plaintiff 6: defendant 4.

Article 5 [Sharing of Affairs]

1. The defendant shall handle all the duties related to the overall management of sirens, and the plaintiff shall be in charge of the duties related to the portion of the sirens business.

2. The Defendant shall arrange and notify the Plaintiff of the daily sales details, and at any time notify the Plaintiff of the sales status.

3. Where any matter referred to in paragraph (2) is false or omitted, all damages incurred thereby and mental consolation money shall be compensated.

Article 6 【Good Faith and Sincerity】

1. The plaintiff and the defendant shall perform their duties in accordance with mutual trust and good faith in the investment and management of the business.

2. The plaintiff and the defendant shall contribute to early recovery of the plaintiff's investment and to the generation of profits, based on the full management of the business to prevent losses to the investment.

Article 7 【Investment Period】

1. The plaintiff and the defendant shall set the contract term of this investment contract for three years from the date of deposit of investment money.

2. The full recovery of the Plaintiff’s investment shall continue even after the expiration of the investment period referred to in paragraph (1).

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