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(영문) 서울북부지방법원 2015.06.24 2014가단5644
정산금 등
Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, Defendant C, Defendant D, KRW 7,672,223, Defendant D, and Defendant E, KRW 6,607,163, and KRW 6,607,163.

Reasons

1. Basic facts

A. On February 6, 2013, the Plaintiff and the Defendants formed a partnership under the Civil Act (hereinafter “instant partnership”) upon entering into a “agreement for business cooperation and establishment of a joint company” in order to jointly carry on the business of manufacturing coffee water purifiers and became five members.

Defendant B becomes an executive member of the above union, and the affairs related to production, quality control and inventory service are Defendant E; the affairs related to the business; the general affairs of Defendant D; the general affairs of Defendant D; the business and manufacturing support were assigned to each of the Plaintiff; the respective shares of the union members were set at 20%; and the union members decided to make an investment in the same way as the share ratio.

B. The Plaintiff, Defendant B, D, and E invested KRW 2.5 million each on February 7, 2013, and Defendant C invested an amount of KRW 2.3 million in kind.

The Plaintiff and the Defendants set the loss burden ratio for the operation of the instant association as 20% each.

C. On February 15, 2013, the Plaintiff, as the owner of the FF ground building and G ground building in Gwangju City, leased the instant real estate (hereinafter “instant lease agreement”) by designating as the period from February 15, 2013 to February 24, 2015, the Plaintiff leased the instant real estate to the Defendant B, who wishes to rent part of the instant building ( approximately 40 square meters and approximately 60 square meters among the F ground buildings and G ground buildings; hereinafter “instant real estate”), as the managing member of the association, who intends to rent a portion of the instant real estate ( approximately 40 square meters among the F ground buildings and approximately 60 square meters among the G ground buildings, KRW 20 million, monthly rent KRW 2 million, and the period from February 15, 2013 to February 14, 2015, and thereafter, owned and used the instant real estate by Defendant C’s product producers, etc. invested in or owned for the instant association’s business.

On April 30, 2013, the instant cooperative discontinued its joint business.

E. Meanwhile, the instant association pays to the Plaintiff a monthly rent of KRW 2 million according to the instant lease agreement, and pays a deposit of KRW 20 million.

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