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(영문) 수원지방법원 2015.06.11 2014가합10185
투자금반환 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 30, 2011, the Plaintiff entered into a partnership agreement with Defendant C on the sales of electric source housing site development business (hereinafter “instant business”). The details are as follows.

(hereinafter referred to as the “instant trade agreement”). The Plaintiff and the Defendant C enter into a contract on the investment amount and the distribution of profits arising from the management of the business that sells the site of electric power resource.

◎ 사업부지의 부동산표시 경기도 화성시 D 임 9,025㎡ 동소 전 E 1,696㎡ 동소 전 F 2,645㎡ 제1조 (원고와 피고 C의 출자의무) 원고와 피고 C은 초기 투자액을 각각 3억 원으로 투자하고 피고 C이 모든 업무에 책임을 지며 원고는 투자액의 한도를 3억 원으로 한다.

Article 3 (Obligation to Apportionment Profits to Defendant C) Defendant C shall distribute profits equivalent to 30% of its profits to the Plaintiff from August 30, 2011 to the termination of the instant partnership agreement, and at the same time present its balance sheet to the Plaintiff.

Article 5 (Preferential Payment of Plaintiff’s Investment) Defendant C shall preferentially pay KRW 300 million of the Plaintiff’s investment amount when the sales amount of the instant business is deposited.

Article 6 (Methods of Payment of Profits in Case of Sale in Lots) Where the business of this case is unsold in an inevitable case, and it is impossible to distribute profits, the ownership shall be transferred to the plaintiff in the unsold site to the extent of shares.

Article 8 (Compensation for Damages) The plaintiff and the defendant C shall compensate the other party for the damages if the partnership agreement of this case is terminated or terminated due to any cause attributable to either of the parties.

B. On November 30, 2011, Defendant C established Defendant B (hereinafter “Defendant B”) with the Plaintiff’s aid to facilitate the instant project, and Defendant C registered the Plaintiff as Defendant B’s representative director, and the Plaintiff as an internal director.

C. The plaintiff is the defendant C.

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