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(영문) 대전지방법원 2015.03.26 2014가합8107
동업계약해지를원인으로한투자금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 100,000,000 as well as 20% per annum from March 6, 2015 to the day of complete payment.

Reasons

1. The following facts can be acknowledged in full view of the contents of evidence Nos. 1 and 2 as well as the purport of the whole pleadings.

On April 8, 2010, the Plaintiff paid KRW 80,000,000 to the Defendant as a contribution for operating a golf practice course. Around that time, the Plaintiff spent KRW 20,000,000 to purchase the materials of a golf practice course.

B. On September 9, 2010, the Plaintiff entered into a partnership agreement with the Defendant as follows (hereinafter “instant partnership agreement”).

The plaintiff and the defendant enter into the following contracts to jointly distribute profits generated from the operation of a golf practice range established in the Chinese poor life zone:

Article 2 The Plaintiff’s duty to contribute to the establishment of a golf driving range has been completed by providing KRW 20,000 among funds necessary for the establishment of a golf driving range and spending KRW 20,000 for the purchase of materials for the golf driving range.

Article 4 The defendant's business management obligation is the duty of due care of a good manager to manage the above business, manage the property, and faithfully perform all of the obligations against the plaintiff.

Article 5 The defendant's obligation to distribute profits shall distribute profits equivalent to 50% of the monthly profits from the opening date of August 26, 2010 to the expiration date of this contract to the plaintiff, and simultaneously present the balance sheet to the plaintiff.

Article 8(1) The plaintiff may terminate the contract without the peremptory period against the defendant in any of the following cases:

1. False notice on profits;

2. Where a contract is terminated or a business operation loss is discontinued due to the termination or closure of the contract under Article 9 where the defendant was absent for at least 30 days, the defendant shall, without delay, return the amount of investment of the above plaintiff to the plaintiff in cash within 30 days from the date of the occurrence

2. The assertion and judgment

A. The plaintiff's assertion is in accordance with the business agreement of this case.

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