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(영문) 창원지방법원 마산지원 2018.06.12 2017가단104753
기타(금전)
Text

1. The Defendant’s KRW 18,192,947 with respect to the Plaintiff and 5% per annum from September 5, 2017 to June 12, 2018, and the following day.

Reasons

1. Facts of recognition;

A. On June 14, 2016, the Plaintiff and the Defendant concluded a partnership agreement with the head of Changwon-si, Yongsan-si, Changwon-si, Seoul to operate the “Dsper” (hereinafter “Ds”)

(hereinafter “instant trade agreement”). The main contents of the instant trade agreement are as follows.

Article 1 (Duty of Investment by Defendant and Plaintiff) The Defendant and the Plaintiff provided capital necessary for the management of Schlages (as premium of KRW 45 million / deposit of KRW 20 million, Defendant 32.5 million, Plaintiff 32.5 million, and other expenses, each of which is KRW 50%) and completed its duty of investment by opening the Schlages of this case.

Article 3 (Obligation of Defendant and Plaintiff to Operate Business) The Defendant and the Plaintiff, as the subject of good faith manager, shall operate the business, manage the property, and faithfully perform all of their duties with respect to each other.

Article 4 (Obligation to Represent Defendant’s Representative) Transactions, trade names, and other acts incidental to the business with third parties necessary for the management of the above business, shall be the defendant’s representative and the obligation shall be borne by the plaintiff.

Article 5 (Obligation of Defendant to Distribution Profits) The Defendant shall distribute the profit equivalent to 50% of the net profit of each month from June 2016 to the termination of this Agreement to the Plaintiff, at the same time, share the balance sheet with the Plaintiff.

Provided, That the working hours of the defendant in preparation for the plaintiff's working hours shall be paid by the plaintiff in the name of the defendant and the plaintiff.

Article 7 (Liability between the Defendant and the Plaintiff for Loss) Even in the event that the Defendant and the Plaintiff have suffered loss due to the management of the business, the amount equivalent to the amount of the obligation of the Defendant and the Plaintiff shall be resolved individually.

Article 8 (Right of Monitoring the Plaintiff’s Business) The Defendant shall, at any time at the request of the Plaintiff, present in writing the matters concerning the overall accounting of management and the balance sheet concerning the business and transactions, and report the matters concerning the overall business.

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