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(영문) 부산지방법원 2019.05.29 2017가합50306
이익분배금등
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1. The Defendant’s KRW 127,825,00 for the Plaintiff and the following: 5% per annum from April 2, 2019 to May 29, 2019.

Reasons

1. Facts of recognition;

A. On May 31, 2012, the Defendant, as a pharmacist, agreed to establish a pharmacy on the first floor of the D Building in Busan Shipping Daegu C, and entered into a partnership agreement with the owner E to jointly operate the pharmacy (hereinafter “instant existing partnership agreement”), and the main contents thereof are as follows.

Section 2 (Principles of this Project) The principles of this Project are as follows:

1. Investment for the Project shall be made by A (E) and B (Defendant) in 50%.

2. The remaining profits after the settlement of the project shall be 50% divided, and if any, 50% per annum shall be liable for each loss.

(3) The sum of the tentative name F (15.37 square meters) and G heading (15.37 square meters) (hereinafter referred to as “pharmacy deposit”) among the commercial buildings on the first floor of the D building in progress of remodeling and extension works at present shall be 1,300,000,000 won.

The decision of this investment amount is determined by a smooth agreement with A and B, including the market price and the value of the pharmacy management of this commercial building, so both parties do not raise any objection for the next five years.

(4) The representatives and pharmacy operators shall, in principle, engage in the business.

Provided, That the important business matters (such as expansion of investment, settlement of accounts, dividend, etc.) shall be subject to mutual agreement between the parties to the contract.

Article 3 (Initial Contribution and Early Contribution Use and Settlement for the Project) A and B shall make initial investments in order to operate the Project as follows:

(1) A shall contribute 50% of the pharmacy deposit in kind.

(2) Eul shall invest 650,000,000 won in cash.

The methods of investment in B shall be as follows:

1.10,000,000 won shall be paid to A upon the preparation of this Agreement.

2. 100,000,000 won shall be paid to A by July 31, 2012.

3. 450,000,000 won shall be paid to A after completion.

4. A shall return 650,000,000 won in which he/she has invested to B as the name of return at the time of the completion of his/her business.

Article 4. This Project

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