Text
1. The Defendants jointly and severally pay KRW 39,181,957 to the Plaintiff.
2. The plaintiff's remainder against the defendants.
Reasons
Basic Facts
The following contents of a partnership agreement between the Plaintiff and the Defendants (hereinafter referred to as the “instant partnership agreement”) were prepared:
(1) The Plaintiff and the Defendants shall be engaged in a joint business from February 1, 2016, and the name of the business shall be determined as “(ju) D in the installation of a test and pipeline, etc.” and the representative shall be the Plaintiff.
(2) All profits and expenses shall be distributed according to shares.
③ The Plaintiff and the Defendants shall additionally execute additional funds for the said workplace at the share ratio in the name of the corporation after joint consultation, if necessary.
(4) The expenses and liabilities related to the business after a contract for the same business is concluded, regardless of the discontinuance of the business, shall be responsible for each share.
Provided, That the liabilities to the general receiver E shall be the responsibility of all representative directors and photographs.
(5) The details concerning the operation of the Management Bank D shall be determined and executed by mutual consultation once a month.
(6) Other matters shall be governed by commercial practices.
On February 18, 2016, the Plaintiff and the Defendants were changed to E on February 2, 2016 by February 2, 2016.
must be referred to as “D”
On May 21, 2016, the Industrial Bank of Korea was appointed as the representative director of the company, and resigned on May 21, 2016. The Industrial Bank of Korea loaned KRW 50 million to D on November 10, 2015, and the Plaintiff was appointed as the representative director of D, and the Plaintiff jointly and severally guaranteed the obligation to repay the loan. The Industrial Bank of Korea filed a lawsuit against the Plaintiff and D seeking the payment of the loan, etc., and received the judgment in favor of the Plaintiff in the following order (Seoul Central District Court Decision 2016Da5231511 Decided December 21, 2016).
2. Text;
1. The Plaintiff:
A. The Defendants shall be jointly and severally liable to the extent of KRW 44,920,00, and the amount calculated by the ratio of KRW 33,800,895, and the amount of KRW 33,280,000, out of the loan principal of KRW 33,280,000, and the amount of KRW 11% per annum from September 21, 2016 to November 2, 2016, and the amount of KRW 15% per annum from the following day to the date of full payment.