logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2019.01.30 2017가합10468
지분금반환청구의소
Text

1. The Defendant’s KRW 561,365,70 for the Plaintiff and 5% per annum from November 11, 2017 to January 30, 2019.

Reasons

1. Basic facts

A. From April 24, 2014, the Plaintiff operated a mutual club called “D” on the ground of Pyeongtaek-si C. From November 1, 2013, the Defendant operated a mutual club of “F” on the 2 and 3rd floor of Pyeongtaek-si E-ground building from November 1, 2013.

In Pyeongtaek-si E 1,35.3 square meters located in F, the defendant owns the above-mentioned building, and the defendant owns G as the representative director.

(hereinafter referred to as the “instant land and buildings”) . (b) the above land, the second floor, and the third floor.

On December 31, 2015, the Plaintiff closed the business of the Defendant and the Plaintiff’s previous management D, and agreed to operate F as a partnership business, and drafted the following partnership agreement with the Defendant:

(hereinafter referred to as “instant trade agreement”). A partner in the same trade agreement: The Plaintiff and the Defendant enter into the following contracts with a view to jointly allocating business profits generated from the operation of the Pyeongtaek-si E club (mutual F).

Article 1 (Shares) The shares of the above establishment shall be determined by Defendant 65% and Plaintiff 35%.

Article 2 (Investment Amount) The total investment amount shall be fixed as 4 billion won.

Article 3 (Name of Permission and Business Registration Certificate) The name of permission and business registration certificate shall be the name of the plaintiff.

Article 4 (Duty of Representation of Plaintiffs) The transaction name and other acts incidental to the business with a third party necessary for the management of the above business shall be represented by the Plaintiff and the rights and obligations shall be borne by the Plaintiff, and operated by the employees under the direction of the Plaintiff, and the Defendant may present his opinion, but shall not participate in any business.

(Omission) The defendant shall be paid an amount equivalent to 65% of the operating income of the preceding month from February 5, 2016 to the termination of the contract, from February 5, 2016 to February 5, 2016, and financial statements, etc. to prove objectively the operating income shall be presented to the defendant.

(Omission) This contract under Articles 9 through 12 (Termination of Contract) is terminated or made.

arrow