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(영문) 부산지방법원동부지원 2016.04.06 2015가단205934
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a person operating a D fishery water storage house located in Busan-gun, Busan-gun, while E is the plaintiff's wife.

B. The defendant is a person who distributes the cryp fish, and F is a person who cultivates the cryp fish in the G G located in Yangyang-si.

C. The Plaintiff and E entered into a partnership agreement with the Defendant, F, H (F) and I on February 5, 2013 (hereinafter “instant partnership agreement”) with a view to engaging in the business of cultivating and selling public water fish (hereinafter “instant business”).

Article 1 (1) Trade name to be operated in partnership shall be referred to as "D fisheries".

(3) Although business operators are currently registered as "D fishery" H, the actual responsibility for management shall be F.

(3) General affairs, such as administration and accounting management, entry and withdrawal of funds, business activities, etc., shall be conducted mainly by the plaintiff and E, and the defendant, F, H, and I shall cooperate to the maximum extent possible.

Article 3(1)(E), the defendant, and I shall invest in cash, and the F (H) shall invest in places, facilities, internal management, and technology.

(2) Investment amount: The plaintiff (E), the defendant, and I shall invest more than 300 million won in the initial stage.

(3) Ratio of shares: The net income earned after the sale shall be collected and distributed preferentially to the cash investors at the time of shipment, and the net income earned after the sale shall be in principle an equal distribution according to respective shares of shares (E), 25%, 25%, 25%, 125%, and 125%, but special matters shall be mutually agreed.

Article 5(3) If it is impossible to continue to conduct the business because it is impossible to reach a consultation on important matters, or when the business is terminated, it shall be liquidated, and mutual agreement shall be made in conformity with reasonable standards, such as the respective investment ratio

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2, and 2-1, the purport of the whole pleadings and arguments

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion (1) fully invests KRW 12,60,000 according to the business agreement of this case, but the defendant is limited to KRW 12,60,000 so far.

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