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(영문) 수원지방법원성남지원 2014.11.12 2013가합4599
정산금
Text

1. The Defendant: (a) KRW 77,235,600 for the Plaintiff and KRW 5% per annum from December 25, 2012 to November 12, 2014; and (b) the Plaintiff.

Reasons

(b) the facts of the basis;

A. On June 21, 2012, the Plaintiff and the Defendant entered into a trade agreement with each other to jointly operate a screen golf practice hall (hereinafter “instant golf practice zone”) with “C” (hereinafter “instant trade agreement”).

Accordingly, the plaintiff invested KRW 10 million, and the defendant invested KRW 440 million, respectively.

[This case's partnership agreement] Article 1 of the plaintiff and the defendant are joint operators compared to the investment shares.

제2조 사업장 위치 : 서울 강남구 D, 2 지하 1층, 전용면적 약 400㎡ 명칭 : C 사업등록자 : E(운영사장) 제3조 창업 예상투자금 총 5억 5,000만원 중 피고는 80%인 4억 4,000만원, 원고는 20%인 1억 1,000만원의 금액을 출자하며, 손익분배비율은 피고는 손익의 80%, 원고는 손익의 20%로 한다.

* In the event that the initial business start-up investment amount exceeds the expected investment amount, there are additional investments and changes in the amount.

Article 5 When either the plaintiff or the defendant intends to withdraw within the period of the partnership, the claims and obligations until the time of withdrawal shall be settled and the remainder shall be determined under an agreement between the partners.

Article 7 The last day of each month shall be the date of settlement, the date of settlement shall be the 10th day of each month, and the date of settlement shall be the 31st day of December each year.

[Attachment to the Agreement on the Trade of this case] Article 5: Claims and obligations refer to the expenses normally paid for operation, such as building deposit, various public charges, personnel expenses, repair expenses, interest, etc.

B. Meanwhile, on May 9, 2012, the Defendant leased the instant golf driving range building from the Fran Association (President G) to the Fran Association on May 9, 2012 by setting the lease deposit of KRW 120 million, KRW 4,400,000 per month, KRW 2950,000 per month, management expenses (excluding value-added tax), and from June 1, 2012, from June 1, 2012 to May 31, 2014. On the same day, the Defendant leased the instant golf driving range building by setting the lease deposit of KRW 12,00,000,000,000 for the supply of screen golf systems and all kinds of equipment between the Fran Association (President G).

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