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(영문) 서울고등법원 2018.10.24 2017나2019379 (1)
정산금등 청구의 소
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On April 2015, the Plaintiff and the Defendants established “D” (hereinafter referred to as the “instant enterprise”) by jointly investing lease deposit and funds for purchase of automobiles, and jointly investing the Plaintiff and the Defendants to operate the relevant automobile sales business. The Plaintiff and the Defendants completed their business registration by representing Defendant B as their representative.

Meanwhile, Defendant C introduced the Plaintiff and the Defendants, who was the private village of Defendant C. However, after the establishment of the instant business, the said business was out of the said business.

B. The Plaintiff and the Defendants agreed to terminate the partnership business relationship (hereinafter “instant partnership business relationship”) while operating the instant company. Accordingly, on August 6, 2015, the Plaintiff, the Defendants, and F entered into an agreement on settlement, etc. following the termination of the partnership business relationship (hereinafter “instant agreement”), and the main contents thereof are as follows.

Agreement

2. The Plaintiff is responsible to sell and purchase the instant business entity until September 4, 2015.

In the case of sale and purchase of the instant business entity, the Defendants kept 3.3% of the remaining amount after collecting KRW 20 million from the premium paid by the Defendants when leasing the said business entity, and 33.3% of the Plaintiff 33.3% of the remaining amount.

The premium shall be set at the present 90 million won, and each 30 million won shall be entitled to the premium, respectively, and the Defendants, the Plaintiff, and the F shall recognize each of them.

3. The Plaintiff shall pay, by September 4, 2015, the expenses incurred by the Defendants in relation to the instant business entity and the amount calculated on a daily basis as the expenses incurred by the Plaintiff for the said business, plus interest of 1.5% per month.

(At present, the amount paid by the Defendants to the instant company is confirmed to be KRW 380,7620,000,000,000,000,000 won, and shall be accurately calculated and paid when the calculation is based on a framework). The Plaintiff is 388,7620,000 won and interest 1.5% per month and with interest 1.5% per month.

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