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서울고등법원 2015.03.27 2014나25780
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. The secondary equity share holder of the primary facts is Defendant 1, 32.3% 25% 23.3% 22% 3 Plaintiff B B 21.5% 20% 4 Plaintiff C33% 9% 5 Plaintiff E 15% 15% 9% 9% 6%

A. On March 19, 2007, the Plaintiffs and the Defendant concluded a partnership agreement with the aim of jointly operating the G Art Research Institute (hereinafter “instant private teaching institute”). Around March 19, 2007, the share ratio of rights and obligations related thereto was set forth as the first share ratio below. On April 1, 201, the said share ratio was changed to the second share ratio below.

B. The Plaintiffs and the Defendant agreed to terminate and liquidate a partnership agreement around June 25, 2013 by operating the instant private teaching institute as a partnership business, and agreed as follows.

(hereinafter “instant liquidation agreement”). Liquidation of existing agreements on art-related private teaching institutes with respect to the high-sea and H located in the area of Pakistan, and separation of the Plaintiffs’ private teaching institutes and the Defendant’s private teaching institutes as follows.

(Detailed Contents on Separation) Article 2 (Detailed Omission on Division) The settlement of accounts for operating expenses of the school of this case shall be divided according to mutual equity ratio as of June 30, and the amount of losses shall be liable according to the equity ratio.

Article 5 The plaintiffs and the defendant are liable for separate obligations related to H through the name of the private teaching institute and the operation of the private teaching institute prior to the date of agreement, and if the whole amount of the private teaching institute is responsible, they shall be liable for according to the shares prior to the date of agreement.

Article 7 The plaintiffs shall conduct the settlement of accounts following the termination of a partnership agreement to the defendant in the form of exchange of shares between each private teaching institute through asset evaluation, and settle the difference to the other party.

The asset evaluation rate and shares of each private teaching institute, and the agreed amount shall be set aside in separate lots.

(Attached document shall be paid to the Defendant KRW 355,305,056 as the settlement money, and KRW 230,305,056 shall be paid in four installments until November 30, 2013, and the remaining KRW 125,00,000 shall be paid on January 30, 2014.

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