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(영문) 인천지방법원 2021.02.24 2020가단222169
정산금 확인의 소
Text

Plaintiff (Counterclaim Defendant) shall pay 14,253,613 won to Defendant (Counterclaim Plaintiff) and its related thereto from January 12, 2021 to February 24, 2021.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On December 1, 2016, the Plaintiff is an individual entrepreneur with the trade name of “C,” and is engaged in wholesale and retail business, such as clothes, permanent photographs and flowers decorations, and service business (hereinafter the above Category C “instant business entity”). [The purpose of the instant business agreement] Article 1 (Purpose of Contract) A and B (Defendant) of the instant business entity enter into this agreement to determine specific rights, obligations and collaboration in relation to the operation of the instant business entity, and the total amount and proportion of investments made by Party A and Party B under this agreement are as follows:

A: 10 million won (50%) : Article 3 (Roles 50%) 10 million won (per 50%) 10 million won (per 10%) ; A is registered under the sole name of A; A exercises representative in external business affairs, such as external business entities, external institutions, and public offices; but A exercises its power of representation at the time of absence and has the right to audit the revenue and expenditure at time.

In addition, transaction, business name, and other activities incidental to the business with a third party necessary for the substantial operation of the business shall be jointly represented by A and B and the rights and obligations shall be borne by A and B.

(B) Article 5 (Distribution of Benefits) ① The allocation of monthly earnings is 50% to 50% between A and B, respectively.

(2) The ratio of shares shall be 60% for A and 40% for B.

Section 7 (Contract Terms) This Agreement shall become effective from the date of conclusion of the contract to the extent that the Project or the related type of business or the same type of business exists.

Article 9 (Settlement after Termination or Termination of a Contract) (1) In the event this contract is terminated by mutual agreement or terminated by either party’s declaration of intent, A and B shall dispose of the assets of this business (including all movable and immovable property) and distribute them in mutual shares.

B. From around July 2016, the Defendant performed the business of the instant company with the Plaintiff, and on July 3, 2019, entered into a partnership agreement with the Plaintiff as follows (hereinafter “instant partnership agreement”).

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