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(영문) 전주지방법원 2013.12.24 2012가단30412
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) is from May 7, 2013 to December 24, 2013 to KRW 800,000 to the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. Defendants B, C, and D are those who jointly operate E-distribution in which meals and products processed from livestock products are wholesale and retail businesses.

B. On October 10, 2007, the Plaintiff entered into a partnership agreement with Defendant B, C, and D on food supply and other livestock products supply-related partnership agreement (hereinafter “instant partnership agreement”).

Article 2 (Nature of Business), Defendant B, C, D, and the Plaintiff shall make every effort to rent the object of business, to prepare all machinery and equipment facilities necessary for the establishment, and to prepare for the certification of HACCP, and to make the optimal place of business suitable for the distribution of livestock products and the provision of meals, as well as the cost of the business shall be invested in the same proportion as each other.

In order to jointly promote the project under Article VII (Contract Period and Contract Amount), the Plaintiff shall deposit KRW 20 million with the Defendant B, C, and D as the joint contract amount as of December 2007, which is the time of the commencement of the project, in order to make the project jointly, and the balance shall be paid to the Defendant B, C, and D at the time of the commencement of the project.

The contract for a joint project shall be three years from the commencement of the business, and if there is no mutual objection, it shall be automatically extended every one year.

The sales profit of all products supplied to the Plaintiff by Defendant B, C, and D as of the end of November 2007, KRW 65 million, and KRW 65 million as of the end of December 2007, and KRW 8 (Distribution of Profits) shall be half of the sales profit, but for about three years in the future, it shall be used as the Business Department Development Fund except for the minimum living cost for the following three years.

C. The Plaintiff invested KRW 70 million in accordance with the instant trade agreement.

On the other hand, the Plaintiff, separate from the instant trade agreement, entered into a chain contract with Defendant C, who is the representative of E Distribution on September 14, 2007, to take over the “F E-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P/

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