(영문) 부산지방법원 2019.06.28 2018나42290

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(영문) 부산지방법원 2019.06.28 2018나42290

정산금

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 8, 2016, the Plaintiff and the Defendant entered into a partnership agreement with the Art Institute called “E Art Institute” (hereinafter “instant private teaching institute”) to operate the said institute as a partnership business (hereinafter “instant partnership agreement”).

The main contents of the partnership contract prepared at the time are as follows:

Article 1 (Investment Obligations) The Plaintiff and the Defendant intend to contribute 50,000,000 won in the initial capital required for the start-up and management of the instant private teaching institute until November 8, 2016, respectively, by no later than 50:50.

However, it is agreed that KRW 20,000,000, which the Defendant shall bear at the time of initial investment, shall be replaced by the Defendant’s recognition of the interior and facility premium (including air conditioners) of the F Art Institute operated before the contract was entered into at the location of the said Institute. The remainder of KRW 5,00,000,000, which is the remainder of the 5,000,000,000, which was the first invested by the Plaintiff on behalf of the Plaintiff, shall be repaid in preference to the Plaintiff

Article 2 (Sharing of Duties) The plaintiff and the defendant shall manage the above business as a good manager, manage the property, bear all rights and obligations equally and faithfully.

1. The plaintiff is responsible for the overall management management and lectures, counseling and dealing with third parties, the name of the business operator, the name of the lessee, and other acts incidental to the business of the private teaching institute.

2. The defendant agrees to carry out counseling-related affairs and overall management affairs in the absence of the plaintiff's business trip because the defendant could not fully carry out management management affairs due to the characteristics of the competition driving school in the region concerned.

Article 8 (Right to Termination of Contract) The plaintiff and the defendant may terminate their respective contracts with a prior notice period of three months.

Article 9. Termination of Contracts

유사 판례

-대구지방법원 서부지원 2018.01.10 2016가단58922

-서울북부지방법원 2015.11.25 2012가합10366

-대구지방법원 2016.06.14 2015가단9681

-서울남부지방법원 2016.02.04 2014가단39545

-서울북부지방법원 2017.06.15 2016가단103009