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(영문) 인천지방법원 2018.10.16 2017가단220491
정산금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 132,880,000 to the Plaintiff (Counterclaim Defendant) and its payment from April 4, 2017 to March 24, 2018.

Reasons

1. Basic facts

A. On March 4, 2011, the Plaintiff and the Defendant entered into a partnership agreement with the following contents (hereinafter “instant contract”) in order to jointly manage the “E” located in Nam-gu Incheon Metropolitan City (hereinafter “F”) (hereinafter “instant contract”).

Article 1 (Investment Obligations) The plaintiff and the defendant shall invest 50% of the capital necessary for management of E, respectively.

Article 3 (Distribution of Profits) The profits shall be distributed according to the ratio of investment after the settlement of accounts at the end of each month.

Article 4 (Representative) Transactions, trade names, and other activities incidental to the business with third parties necessary for the management of E shall bear the rights and obligations jointly with the plaintiff and the defendant.

Article 5 (Liability for Loss) If the plaintiff and the defendant have suffered loss due to the management of E, they shall bear losses according to the ratio of their investment.

Article 6 (Right of Monitoring of Business) The plaintiff and the defendant shall, at the request of the other party, present in writing the matters concerning accounting and the accounting data on the business and transactions and report the overall business matters to the other party.

Article 7 (Term of Contract) This Agreement shall continue to exist for one year, except in exceptional circumstances, and shall be extended for the same period if the other party objects to the expiration.

Article 8 (Right to Termination of Contract) The plaintiff and the defendant may terminate the contract with a period of one month's prior notice.

Article 9 (Restoration due to Cancellation and Termination of Contracts) Where a contract is terminated or terminated, the amount of investment shall be promptly returned in cash.

Article 10 (Indemnification) The plaintiff and the defendant shall compensate the other party for damages if the contract of this case is terminated or terminated due to any cause attributable to either of the parties.

B. The Plaintiff and the Defendant, in accordance with the instant contract, invested each of 5,000,000 won in each of the instant contracts, and opened a business of manufacturing and wholesale electrical appliances, etc. as its intended business on March 21, 2011 (hereinafter “F”).

C. The plaintiff and the defendant operate the business of this case.

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