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(영문) 수원지방법원안산지원 2015.10.29 2014가합3068
출자금반환 등
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 101,158,960 and as a result, from June 6, 2014 to October 29, 2015.

Reasons

1. On December 2006, the Plaintiff and the Defendants agreed to jointly operate the safe guard and entered into a partnership agreement with the following contents (hereinafter “instant partnership agreement”).

[The purpose of the contract of this case] Article 1 (Purpose of the contract of this case) is to stipulate matters concerning overall business activities, such as the rights, obligations, and responsibilities of the plaintiff and the defendants with respect to the operation of Ansan.

Article 2 (Term of Contract) - The term of contract shall be not later than October 0, 200, which is the expiration date of the lease.

- The re-contract shall be automatically extended unless there are special circumstances, after the expiration of the lease with the lessor of the building.

Article 3 (Duties of Contribution) The Plaintiff and the Defendants shall deposit their own contributions into the “D” unit, and if they fail to do so, they shall not establish a partnership business.

- Defendant B 68,00,000 - Defendant C 51,000,000 - Plaintiff C 51,000,000 - The capital subscription is total of KRW 400,000,00,00,00,00 for “D” (total capital) including leased deposits and examination instruments, assembly machinery, artificial instruments, goods, etc.

Article 6 (Composition of Gu Units) - Defendant B 68 unit: 51 unit for Defendant C51: 51,000,000 won for Defendant C51 unit for Defendant C: 51,000 won for Plaintiff 51: 51,000,000 won for credit purchase of KRW 150,000 for KRW 80: 80,000 for total credit purchase of KRW 150,000 for Defendant B - 150 accounts for Defendant B’s share for 80,000,000 for total credit purchase of KRW 150; and Defendant C and the Plaintiff must acquire the old accounts corresponding to their liabilities at the latest for three years at the latest.

- The credit purchase account shall be the joint account, and this account shall be increased or decreased by the agreement of three persons.

Article 14 (Termination of Contracts) - In cases where normal safe guard duty is not performed due to gambling, alcohol or other reasons, the number of units of units under Article 16 (Distribution), regardless of the number of units under Article 16 (Distribution), shall be 40%, Defendant C30%, and Plaintiff 30%.

Article 19 (Legal Representative and Actual Manager) The legal representative of the Ansan shall be the defendant C, and the actual decision-making authority shall be the defendant B.

Article 22 (Monetary Compensation following Termination of Contracts) - Principal.

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