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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
Basic Facts
The Plaintiff’s establishment and operation C (hereinafter referred to as “A”) and B (hereinafter referred to as “B”) shall enter into the following contracts with the aim to manage and distribute the “D” established in the Froas located in Mapo-gu Seoul Metropolitan Government E and to distribute the profits therefrom:
(Visits: the contractor G companies in the original business area (K). The rights to the interests from the commencement to the termination of this contract and the liabilities for the business are equal to the shares determined in B. 47.5.
Article 1 [Duty of Investment] A provides a legal entity with an amount of KRW 800 million out of KRW 1.6 billion necessary for the management of the legal entity, establishing a bank account, and completing its obligation of investment by opening a bank account (in the event of an investment of at least 800 million, with mutual consent of each other). Article 2 [Business Management Obligations] A as a good manager’s care, shall jointly manage the above business, manage the property, and shall be jointly liable for losses in business problems.
III.[Duty to distribute Profits] review monthly balance sheets and distribute profits to the same extent as shares.
1) On November 21, 2007, the defendant and C and the plaintiff (the former Co., Ltd. D and hereinafter referred to as the "Plaintiff" in total before and after the change.
(2) A partnership agreement to establish and operate together (hereinafter referred to as “instant partnership agreement”).
(2) On December 7, 2007, the Plaintiff was established on December 7, 2007 under the instant trade agreement with the purpose of making preparations for marriage wedding.
( Note)D (State) from July 2008 to December 2012: A(hereinafter referred to as "A") and B(hereinafter referred to as "B") respectively agree to enter into an agreement on the operation of Franok B1 in Mapo-gu Seoul Metropolitan Government E (hereinafter referred to as "B") with the share of 5:45 to enter into force for the above period, and with respect to the rights and interests arising during the period of operation for five (5) years, by share.