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(영문) 대전지방법원 2017.10.19 2017나105874
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

The Plaintiff and the Defendant’s business suspension run the milk sales business under the mutual name of Seoul U.S. C agency, and the Defendant engaged in the business of selling milk only for school meal services with the trade name “Seoul U.S. D.,” and on February 25, 2004, the Plaintiff and the Defendant agreed to operate the two places of business as Seoul U.S. D. Seoul U.D., by integrating the two places of business as of March 1, 2004, and operating the two places of business under the mutual name “Seoul U.S. U.D.D., and the shares of the business are 50:50” (hereinafter “instant business agreement”). From that time, the Plaintiff and the Defendant began to provide the school meal services with the mutual name “Seoul U.S. D. D.”).

At the time of the instant trade agreement, the Plaintiff and the Defendant collectively supplied approximately 40,000 milk to various schools. However, the Defendant transferred the right to approximately 20,000 milk supply during the period of the trade to another milk agency, and accordingly, the Plaintiff and the Defendant divided the right to the remaining 20,000 milk supply and supplied milk to each of them.

Since then, since February 2006, the number of delivery schools has been gradually decreased and there have been a deficit in the supply schools, and since the end of February 2006, it has been practically suspended the business without any settlement procedures concerning distribution of profits and losses or other business relations and commenced its own business.

After the end of February 2006, the Plaintiff and the Defendant demanded the Defendant to settle the details of the partnership business based on the settlement of accounts, etc., and from August 2013, the Plaintiff demanded the Defendant to pay approximately 10,000 of the rights to supply approximately 20,000 milks disposed of during the partnership business period, but the Defendant has already completed the settlement of accounts.

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