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(영문) 인천지방법원 2018.11.14 2016가단46894
손해배상 등
Text

1. Defendant (Counterclaim Plaintiff) B: (a) KRW 5,00,000,000 against the Plaintiff (Counterclaim Defendant) and its related thereto from April 25, 2018 to November 14, 2018.

Reasons

1. Facts of recognition;

A. On March 1, 2011, in collaboration with D, the Plaintiff acquired from D business rights for F buildings and Hcar PP located in the Nam-gu Incheon Metropolitan City (hereinafter “instant car PP”) from E, and acquired from D the portion of D’s share of the instant car P on June 14, 2012.

B. Since then, although the Plaintiff jointly operated the instant car page with I but the contract term expires, the Plaintiff failed to refund KRW 30 million investment funds of I. Ultimately, Defendant B decided to acquire the shares of KRW 30 million in the instant car page and entered into a partnership agreement with the Plaintiff on March 5, 2015 with the Defendant as follows.

A: Plaintiff B: Defendant B and B enter into the following contracts for the purpose of jointly promoting the distribution of total profits arising from the management of the Hcar PP sales business:

Article 1 (Investment Obligations of Party A and Party B) A shall complete the investment obligation of KRW 120 million for Party B, and KRW 30 million for Party B, and lease the workplace to run the same business.

Article 2 (Deposits, Facility Costs, and Goods Deposits of A and B) and B shall be paid at the present place of business at the same time a deposit of KRW 20,000,000 per month, and the value of the facility/goods shall be as shown in the separate sheet, and it shall be confirmed that A and B have assessed the value of KRW 150,000,000 as stated in the separate sheet without objection.

Provided, That a part of the capital of KRW 30 million with the former partner shall be responsible for the principal and interest of the loan if the loan is requested by the business operator.

When a lessor increases deposit for a workplace, he/she shall jointly bear the reduction of the deposit for the workplace and Eul.

Article 3 (Business Management Obligations of Section B) (Business Management Obligations of Section B) shall be the care of a good manager to improve the above competition and manage property, and shall faithfully perform all obligations to Section A.

Article 4 (Obligation to distribute Profits) B shall be responsible and managed from the opening date of the workplace, and A and B shall be at the end of each month from the beginning date of the workplace.

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