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(영문) 서울중앙지방법원 2017.05.11 2016가단5070945
정산금 등 청구의소
Text

1. The Defendant’s KRW 6,647,89 and KRW 51,244,046 among the Plaintiff and KRW 15,403,853 from April 16, 2016.

Reasons

1. Facts of recognition;

A. The status of the parties and the conclusion of a contract on the same trade of clothing 1) The Plaintiff is a company engaged in the business of manufacturing and trade of clothing. The Defendant is a person engaged in the business of distributing clothing. 2) On April 2014, the Plaintiff made an agreement on the same business (hereinafter “instant agreement”) with the Defendant to jointly carry out the business of manufacturing and selling clothing 50,000,000 won by investing in the amount of 150,000,000 won the expenses for the office (including office fixtures and fixtures) for the joint business and the employee’s benefits, etc., and the Defendant jointly carried out the business of manufacturing and selling clothing 50,00,000 won and labor as to the order of clothes and promotional business, and then jointly carried out the business of distributing the net profit (or net loss) after deducting the expenses from the profits.

B. B business 1) The Plaintiff and the Defendant are “C Limited Corporation” (hereinafter “C”) which is a Chinese subordinate business entity in accordance with the instant partnership agreement.

(B) the business (hereinafter referred to as “B business”) is to receive and distribute the proceeds (the amount after deducting C’s lower price, etc. from the price of supplied goods) from the following C so that they may be manufactured and supplied, and are to receive and distribute them in accordance with the respective equity ratios;

(2) The Plaintiff and the Defendant predicted approximately KRW 73,591,895 of the earnings that may be received from C according to the B project, but failed to receive the said earnings from C.

C. D business 1) The Plaintiff and the Defendant ordered 'D' in accordance with the instant trade agreement and ordered 'E' (hereinafter referred to as 'E') a Chinese subordinate business entity under the order of 'D' in the United States.

(D) The business is intended to supply the proceeds to “D” and distribute the proceeds to “D” according to their respective equity ratios (hereinafter “D business”).

(2) The Plaintiff received a total of KRW 553,512,581 from D in relation to the foregoing business and paid at least KRW 377,511,950 to E, a subordinate business.

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