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(영문) 서울중앙지방법원 2014.06.12 2013가합524344
약정금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

1. Facts of recognition;

A. On July 30, 1997, the original Defendant’s business contract entered into 1) The business of constructing and operating a block painting factory for shipbuilding after selling the land within the D & D Corporation located in Ulsan-gun, Ulsan-gun, the Seoul-gun, for sale (hereinafter “instant business”).

a) a partnership agreement under which a joint investment is to be made in proportion to 50 '50' (hereinafter referred to as "the partnership agreement of this case").

2) The contents of the instant agreement are as follows.

① In operating the instant business, the original Defendant is liable for the respective shares of 1/2 for the invested amount, such as cash investment, loans, etc., and all other matters over the entire operation, each of which is subject to rights and obligations of 1/2 shares.

(Article 2. (2) The original defendant shall make an investment of KRW 700,000 per cash for the project of this case, and the additional amount shall be dealt with through consultation according to the results of the project progress.

(Article 3(1)(3) The original defendant shall temporarily operate the business of this case E(E).

The name of the original defendant shall be carried out in the name of the original debtor and the joint representative shall be appointed and operated at the time of the establishment of the new corporation (Article 4(2)). (4) The original defendant shall first appropriate the profits accrued from the instant project in the order of interest on loans, principal on loans (including reserves when the repayment is accumulated), company development reserves, and investment funds, and the distribution of profits shall be made in the last order (Article 5. The instant project shall be accounted separately from the present operation of the defendant, and the accumulated funds in the accounts shall be accounted separately from the funds of the original debtor in the manner agreed upon by the original defendant.

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