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1. The Defendant rendered a judgment with executory power over the purchase price of goods at Sung-nam Branch of Suwon District Court 2013Kadan9634.
Reasons
1. Article 1 of the Recognition-based Partnership Agreement / [Investment Obligations] The Parties shall invest capital necessary for the management of the Gwa Holdings in proportion to their respective shares.
(C) 35%, E 28%, D 12%, Plaintiff B 15%, Plaintiff A 10%). Article 3 / [Apportionment of profits and losses] The profits and losses incurred from the joint management of the company shall be allocated to each share.
Article 4 [Representative] Transactions with a third party necessary for the management of the above business, trade name, and other acts incidental to the business shall be jointly represented by the said parties and jointly acquired the rights and obligations.
Article 6 (Effectuation of Contracts) This Agreement shall enter into force on October 29, 2012. (a)
On October 29, 2012, the Plaintiffs, C, D, and E entered into a business agreement to jointly operate the Songpa-gu Seoul Metropolitan Government Capital Market (hereinafter “instant Capital Market”) located solely from July 21, 201, and subsequently, on October 30, 2012, the name of the business registration certificate of the instant Capital Market was revised from C’s sole name to C, D, and E under the joint names of the Plaintiffs, C, and E.
The main terms of the above partnership agreement shall be as follows:
B. On September 6, 2013, the Defendant issued a seizure and collection order with the amount claimed as KRW 108,839,775, with respect to the credit sales payment claim against the Defendant, as Seoul Northern District Court 2013Kadan9634 (hereinafter “Non-Sch Card”) and the Defendant’s credit sales payment claim against the Non-Sch Card Co., Ltd. (hereinafter “Non-Sch Card”), based on the executory exemplification of the judgment regarding the purchase price of goods at issue.
Then, on November 6, 2013, the Seoul Northern District Court (Seoul Northern District Court 2013TTTT18681) held the claim amounting to KRW 110,359,610 on the deposit claim and the credit sales price claim against the new bank as Seoul Northern District Court (Seoul Northern District Court 2013TTT2280, Dec. 23, 2013.