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서울중앙지방법원 2014.10.08 2014가합13773
어음금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In around 2006, the Plaintiff’s spouse C had a talk about the business of operating a Posi factory in China from the Defendant who operated the Posiju-related business while operating D Co., Ltd.

B. On June 29, 2006, E and the Defendant on behalf of the Plaintiff were prepared between the Plaintiff and the Defendant, under the name of the Plaintiff and the Defendant, the following business partnership agreement and the certificate of borrowed money (hereinafter respectively referred to as the “instant business partnership agreement” and the “certificate of borrowed money”), and a promissory note was issued and delivered with the Defendant’s seal affixed to the issuer column.

The plaintiff and the defendant shall enter into the following contracts in order to jointly distribute profits arising from the management of the following businesses:

1. [Obligation of the Plaintiff’s investment] The Plaintiff shall contribute to the Defendant a capital of KRW 200,000,000, which is necessary for the manufacture and sale at home and abroad of the Master Factory in China and of the Party in China.

2. [Obligation to preserve the Defendant’s contribution] The Defendant shall deliver receipts in the Plaintiff’s name, a certificate of borrowed money, and a promissory note to the Plaintiff simultaneously with the Plaintiff’s preservation of the Plaintiff’s contribution and receipt

3. [Defendant's business operation obligation] The Defendant, as a good manager, shall operate the above business and manage its property, and shall faithfully perform all of its obligations against the Plaintiff.

4. [The defendant's obligation to distribute profits] The defendant shall distribute profits after the settlement of accounts each year to the plaintiff according to the investment ratio, and simultaneously present financial statements to the plaintiff.

5. [Right to monitor the plaintiff's business] The defendant shall present in writing the matters on accounting and financial statements on the business and transactions at any time at the request of the plaintiff, and shall report the matters on the overall business.

The certificate of borrowed money

1. Amount: This million won (200,000,000 won);

2. Date of borrowing: June 29, 2006: By the time of collecting the loan.

4. Interest rate: The separate agreement principal loan certificate shall be made with the factory located in China.