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(영문) 수원지방법원안양지원 2015.06.25 2014가단115214
정산금 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 29,60,000 as well as 20% per annum from December 27, 2014 to the day of full payment.

Reasons

1. Basic facts

A. From May 2005 to around 1:2:2, the Plaintiff, the Defendant, and C jointly operated D acids with D acids. When paying the income tax, the entire income was distributed at the same ratio, and the income tax was reported, and the part to be borne by the Plaintiff in excess of their share ratio was operated by the Defendant and C in a way that the Defendant and C make each one-half of their respective accounts with respect to the portion to be borne by the Plaintiff.

B. On November 11, 201, the Plaintiff, the Defendant, and C drafted a partnership agreement (hereinafter “instant partnership agreement”), and the parts related to the instant case are as follows.

Article 4 (Withdrawal of Soldiers) If any serious reason arises to determine that one of the plaintiffs A (Defendant), B (C) and C (Plaintiffs) is unable to maintain the partnership, such as illness, death, bankruptcy, incompetency, etc., or if Byung fails to maintain the partnership any longer, Byung (or a lawful representative of Byung) may withdraw from the partnership.

Article 6 (Acceptance) If Gap or Eul ceases to operate the same business due to the above circumstances, one of Gap and Eul shall accept Dsanbu as follows terms and conditions:

(3) A or B shall, at the same time as payment of the price set forth in the same Article B, transfer the shares of land and buildings to Dsanbu and transferee.

The time of transfer of ownership shall be the time of the beginning of the business.

8. Income tax levied later on the person's income accrued until the person's income is terminated shall be borne individually.

(9) Taxes to be collected additionally due to a tax investigation conducted prior to the completion of registration shall be jointly borne by each other, and taxes shall be borne by the proportion of 40% for Gap, Eul, Byung, 40%, and 20% for Byung.

C. On March 2012, the Plaintiff and C requested the Defendant to pay the settlement amount under the instant partnership agreement, along with the termination of the instant partnership agreement, and thereafter, upon the termination of the instant partnership agreement, the Defendant shall pay C the settlement amount of KRW 3 billion to C, and KRW 250 million to the Plaintiff, and KRW 250 million to the Plaintiff, as regards the building and site of the hospital from C.

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