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(영문) 대전지방법원 서산지원 2018.11.22 2017가합51473
약정금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. From around 2004, Defendant C operated an automobile comprehensive repair business in the name of the F Co., Ltd. (hereinafter referred to as “F”) in the building with three floors of the steel structure board, the steel structure, the main body, and the instant factory building located in Seosan-si and three lots (hereinafter “instant land”). Defendant C was in office as a director of the said maintenance factory.

B. On July 8, 2013, the Defendants entered into a partnership agreement with the Plaintiffs to jointly operate the automobile maintenance plant in the name of G from the instant real estate (hereinafter “instant partnership agreement”). The main contents of the instant partnership agreement are as follows.

G Investment Partnership Agreement - Place of Business Introduction - Address: 1622 square meters of land area of the building area of 500 square meters: Scope of the use of 3rd floor on the ground of Hn beam steel structure and sand position plate: Buildings, office fixtures and vehicle 10 units attached to land, 2 books of books of books, 2 books of books of books, liphones and hand tools, etc., all automobile maintenance factories of the automobile maintenance business for the purpose of the investment business of Article 1 of the facility of the automobile maintenance business of the 3rd floor of the 1622 square meters: its purpose is to jointly manage it.

Article 2 The period of the business shall be five years from April 25, 2013 to April 24, 2018, and the contract may be renewed through mutual consultation with each director within 30 days after the expiration of the contract.

Article 3 Incorporation Company shall choose the optimal method between the individual and the corporation, and the land of the business shall be C with respect to the building and the facility and the authorization and permission related thereto shall be leased to F and a separate contract shall be prepared.

Article 4 Contribution Obligations CD shall invest in kind in land and maintenance authorization, building and structure, and in the body of maintenance facilities, and A shall make an investment in cash amounting to KRW 1,00,000,000 in cash, respectively.

At this time, cash.

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