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(영문) 서울중앙지방법원 2015.08.19 2014가합53757
매출정산금등
Text

1. Defendant B and D are jointly and severally liable for KRW 140,592,540 and 6% per annum from May 17, 2014 to February 26, 2015.

Reasons

The summary of the case is that the plaintiff, who entered into a joint business contract with the defendant company, had a claim for the payment of KRW 31,896,540 for the attempted amount of the goods supplied for offline business among the original causes of the claim through a preparatory document on July 8, 2015, as the claim amounting to KRW 45,000 for the first promissory note amounting to KRW 63,696,000 for the damages, etc. caused by the importation of the goods, the expiration of the expiration of the expiration of the circulation period, and the second promissory note amounting to KRW 45,000 for the unpaid settlement amount, and KRW 87,381,898 for the amount equivalent to the purchase price of the E goods and the storage cost for the E goods.

It is a case seeking payment of KRW 140,592,540 out of total KRW 196,07,898.

On February 25, 2010, Defendant D, as the premise of the claim against Defendant C, established the Defendant Company and was appointed as the representative director, but resigned on January 24, 201. However, on May 7, 2014, Defendant D continued to manage the Company as the head of the Defendant Company’s headquarters until it was reappointed as the representative director.

Meanwhile, from January 24, 2011 to May 13, 2014, Defendant D’s mother C and wife F were registered as joint representative director of the Defendant Company.

Article 1 [Purpose of Contract] The plaintiff and the defendant company aim to establish a new joint venture company based on the advantages of each company and to promote mutual interest and grow up with the aim of combining the advantages of each company.

Article 4 [Scope of Investment by Plaintiff and Repayment of Investment Funds]

1. For the initial joint venture company, the Plaintiff shall import goods by investing its initial revenue in accordance with the business plan attached separately to the Plaintiff.

3. The repayment of principal shall be made in twelve equal installments after a year from the date of the contract, but may be adjusted through consultation between the plaintiff and the defendant company.

Article 5 (Joint Venture Companies)

1. The operation of a joint venture company shall be Defendant D and H of the joint representative director;

§ 6.

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