(영문) 서울서부지방법원 2015.12.16 2014가합37750

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(영문) 서울서부지방법원 2015.12.16 2014가합37750

대여금 반환 청구의 소

Text

1. The Defendants jointly and severally against the Plaintiff A with KRW 8.356 million, and the Plaintiff B with KRW 12534,000,000 and each of them.

Reasons

1. Basic facts

A. On March 31, 2011, E drafted the first letter of agreement with the Defendants on the business of importing and selling Chinese posites in China, and the main contents are as follows:

Secretary of the United States of America

1. E is abbreviationd as “A”, and the Defendants collectively refer to “B”.

2. The term “A” shall import and procure Chinese eggs, and the term “B” shall be responsible for sales, storage and management.

3. “A” shall make a limited investment of maximum KRW 400 million, “B” shall make an investment of KRW 200 million, and “B” shall guarantee profits, such as the separate agreement, and shall operate and sell tests for six months.

4. “A” shall, at least twice a month, check and audit the status of sales, storage, and management of the goods of “B”, and the sales price of the goods shall be jointly managed by “A” and “B” and shall not be used for other purposes, and shall be used for circular revenue.

Provided, That it may be converted by agreement between A and B.

5. “A” and “B” shall each bear 6 million won of F’s benefits from January 201 to March 201, and F’s benefits from April 201 shall be borne by “A” and all travel expenses shall be borne by “B”.

6. The period of operation of the examination shall be from January 201 to June, 201, and it shall be determined by re-negotiations from July.

Provided, That where “A” and “B” waives the goods without the continuity of the business or there is no intention to continue the public service, “B” shall take over the goods and immediately pay the import price and expenses to “A”, and in the event of a failure to refund the proceeds, “A” shall also be sold and disposed of to recover the amount of investment.

7. “B” shall report the current status of sales twice a month to “A” and shall pay KRW 1 million from the monthly sales to “A” as of the end of each month.

8. The sales proceeds shall be circulard and used as revenue procurement funds to maintain the continuity of business during the period;

9. The terms “A” and “B” must make every effort to ensure that they are of a sexual intercourse with mutual assistance.

B. E shall be July 25, 201.

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