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(영문) 서울동부지방법원 2016.09.30 2015나6533
투자금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On March 22, 2011, the Plaintiff and the Defendant entered into a trade agreement with D (hereinafter “instant trade agreement”) with the content that “The Plaintiff and the Defendant jointly runs the manufacturing and selling business and distribute profits arising therefrom” (hereinafter “instant trade agreement”) by investing KRW 40 million each by March 30, 201, respectively. The Plaintiff paid KRW 40 million to the Defendant around that time.

(Omission) 2 allocation of roles

a. The defendant is mainly responsible for the overall business administration of the company and all kinds of manufacture.

b. The defendant and the plaintiff jointly invest funds in the product of this case of the C Company currently in operation and jointly operate the manufacturing and sales business, and share the profits generated therefrom in the ratio set below.

c. Sales is jointly responsible between the defendant and the plaintiff.

(Omission) The distribution of 4 profits

a. The quantity of manufacture shall be set at 300.

b. The profits of the E Director's suppliers shall be apportioned in cash each of 50,000 won.

c. The remaining amount shall be apportioned in fifty percent of the profits accruing and sold from 350,000 won per unit.

d. The principal shall be apportioned at 250,000 won per 2.5%, respectively.

5) Re-investment of profits shall be determined on the basis of the status of principal recovery. 6) The principal and the recovery of profits during the recovery period shall be settled on the last day at the time of sale.

7) Operating expenses: 1.5 million won for the construction of the homepage, 1.5 million won for patent expenses (1.5 million won for patent expenses), 3.0 million won for the outsourcing assembly expenses, and 50,000 won for each of the plaintiffs (2) contract period: the contract period shall be valid for one year, and if the defendant or the plaintiff does not express his intention of termination or termination, the contract period shall be automatically extended every one year.

(Omission) (3) The instant trade agreement is as follows. (B) The Plaintiff’s content-certified mail 1) around March 6, 2012.

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