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(영문) 서울고등법원 2016.06.29 2016나1832
기타(금전)
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) who exceeds the following payment order.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant leased the first floor of the building in Mapo-gu Seoul Metropolitan Government to operate a coffee specialty store (hereinafter “D”), and the Plaintiff and the Defendant agreed to jointly operate D on April 29, 201 to jointly operate D in the name of “E” (hereinafter “instant car page”).

B. The Plaintiff and the Defendant decided to modify the instant car page’s interior and household purchase cost, and the Plaintiff determined the investment amount of KRW 200 million ( KRW 160,000,000,000,000,000,000) including the Plaintiff’s investors in the instant car page. The Defendant included KRW 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

(hereinafter referred to as the “instant partnership agreement” and the organization formed through this agreement is referred to as the “instant association.” Article 2 (Investment) (1) of the Plaintiff: 20 million won. <2. Defendant: KRW 650 million (including KRW 300 million as lease deposit) Article 3 (Apportionment) of the Defendant: ① The Plaintiff is mainly in charge of the overall management of carpets, and is in charge of the company’s representative position.

(2) The defendant shall have a joint representative of the company.

(3) Personnel affairs, including appointment of employees, shall be determined through consultation between the plaintiff and the defendant.

(4) The Plaintiff shall determine the selling price and raw and secondary materials of the main line, and collect the Defendant’s opinions.

Article 4 (Distribution of Benefits) The plaintiff and the defendant shall settle the business performance of the period from May 1, 201 to distribute profits based on Article 5 every month during the term of this contract.

Article 5 (Ratio of Distribution of Benefits) The ratio of sales (The plaintiff: the defendant) to the amount of 32 million won (the amount of 3:7:32 million won to the amount of 3:5 million won, but not more than 4:63:635 million won to the amount of 40 million won, not more than 5:540 million won.

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