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(영문) 인천지방법원부천지원 2020.01.31 2019가합101075
정산금 등 청구의 소
Text

1. The Defendant’s KRW 26,672,677 as well as the Plaintiff’s annual rate of 5% from June 1, 2019 to January 31, 2020, and the following.

Reasons

1. Basic facts

A. On September 1, 2015, the Defendant established and started the operation of D Schools (hereinafter referred to as “instant schools”).

B. On November 11, 2016, with respect to the operation of the instant school, the Plaintiff recognized the Defendant’s prior investment amounting to KRW 250,00,000 as the investment amount of KRW 250,000 for the operation of the instant school until then, and the Plaintiff also entered into a partnership agreement including the following matters (hereinafter “instant partnership agreement”) with the Defendant to contribute KRW 250,00,000 in accordance with the Defendant’s prior investment amount.

Article 1 (Joint Contribution Obligation) The Defendant and the Plaintiff are obligated to make an investment by jointly investing the Defendant’s investment amount of KRW 250 million (50%) and the Plaintiff’s investment amount of KRW 250 million (50%) and KRW 250,000 (50%) from among KRW 50,000 necessary for operating the instant school.

Article 3 [Obligation to distribute Profits] The defendant and the plaintiff shall settle accounts each year from the date the joint project commences to the termination of the contract, and distribute business profits, excluding all the expenses, such as the cost for maintaining the project, and the estimated amount of investment, according to the investment ratio, and have common ownership in all assets

C. By January 23, 2017, the Plaintiff completed the instant partnership’s investment of KRW 250,000,000 in total in accordance with the instant partnership agreement.

Since then, as the president of the school of this case, the Defendant, as the principal of the school of this case, prepared the monthly expenditure statement stating the income and expenditure details of the school of this case and the money invested by the Plaintiff and the Defendant until then.

From January 2019, the Plaintiff demanded the Defendant to terminate the instant partnership agreement on the ground that continuous damage to the instant school business occurred, and on May 31, 2019, the instant partnership.

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