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(영문) 수원지방법원평택지원 2020.12.10 2019가합8117
채무부존재확인
Text

The Plaintiff (Counterclaim Defendant) paid KRW 14,446,104 to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from June 1, 2019 to December 10, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 20, 2017, the Plaintiff and the Defendant agreed to jointly operate the Boperdo Private Teaching Institutes in Pyeongtaek-si. On December 20, 2017, the Plaintiff and the Defendant jointly established the Boperdo Private Teaching Institutes (hereinafter “D Institute”). On the same day, in relation to the operation of the instant Private Teaching Institutes, the Plaintiff and the Defendant entered into a partnership agreement with the following contents (hereinafter “instant agreement”).

Article 1 (Purpose) The purpose of this Agreement is to regulate, jointly with the Plaintiff and the Defendant, a series of matters concerning the operation and management of the private teaching institute project of this case, and the future liquidation.

Article 3 (Contribution)

1. The Plaintiff shall invest in cash the amount of KRW 180 million for the business of the Plaintiff, and the Defendant shall invest KRW 120 million in cash.

2. The time of investment under paragraph (1) shall be December 31, 2017 by the Plaintiff, and the Defendant shall make an investment in May 31, 2018 by the Plaintiff.

3. Where additional contributions are required in addition to the initial contributions under this Article, both parties shall mutually make contributions, and specific additional contributions shall be made by mutual agreement at the time of occurrence of the situation of such contributions, and details of the relevant agreement (amount of additional contributions and date of contribution) shall be prepared in writing and specified in attached agreements.

Article 4 (Distribution of Profits)

1. Both parties shall make an investment and a distribution of profits 6:4;

2. Other detailed terms and conditions of a contract shall be specified in the annexed agreement and kept between them.

Article 5 (Calculation of Earnings)

1. The calculation of profits following the operation of a driving school under Article 4 shall be based on the gross sales - the class expenditure in principle, and the specific items of all the expenses shall be governed by the annexed agreements in consultation with the plaintiff and the defendant

2. The reserve fund referred to in paragraph (1) means the ratio of possession of emergency funds in preparation for the variability of the situation of the operation of a driving school, and if it is necessary to change the ratio, the trade name;

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