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(영문) 수원지방법원여주지원 2016.06.01 2014가합10563
공사대금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Upon the introduction of F, the Plaintiff C was in charge of the G branch office G branch office of the Korea Disabled Veterans Organization (as of June 2013, the appointment of the G branch office was made to the G branch office).

On June 13, 2013, Plaintiff C and Defendant E established and jointly operated an agricultural partnership or company, and entered into a business agreement with the content of running the business of supplying kimchi to the Ministry of National Defense through the Korea Disabled Veterans Organization (hereinafter “instant business agreement”), and entered into the same business agreement (hereinafter “instant business agreement”), as follows:

1. The project period shall be from June 2013 to June 2023, and may be extended or shortened by the agreement between Plaintiff C and Defendant E.

2. The main place of business (factory) shall be H, I, and J in Inju, and may be changed by agreement between Plaintiff C and Defendant E.

3. Defendant E, as a joint business proprietor, provides sites for kimchi factories to companies or agricultural associations to be established, and takes responsibility for the promotion of kimchi supply to the Ministry of National Defense;

The site provided for the project shall not be sold, and in the case of the settlement of the project, it shall be reverted to Defendant E.

Where it is difficult to implement a project because the military payment has not been made or it has been suspended within five years from the beginning of the project, the full amount invested in the project shall be paid to the plaintiff C.

4. The plaintiff C, as a joint business proprietor, is responsible for the management of the company or the farming association corporation to provide funds necessary for the establishment of a kimchi factory, construction of factories, factory facilities and factory operation, and to supply high-quality kimchi and to supply kimchi.

5. Defendant E and Plaintiff C shall have 45% of their respective shares in a newly established company or agricultural partnership and shall also allocate 45% of their business profits.

As a contribution theory to the promotion of projects, F has 10% of shares and 10% of the business interest shall be allocated.

In the event of a business failure or loss of a company or agricultural partnership, the defendant E and the plaintiff C shall be liable for 50% respectively.

(b).

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