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(영문) 대전지방법원 2015.10.29 2014가단43004
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 2002, the Plaintiff and the Defendant jointly established and operated Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) with the same share.

B. Around 2004, the Defendant entered into a partnership agreement with Nonparty D and E to purchase land in cooperation with Nonparty D and distribute profits therefrom. Accordingly, the Defendant purchased the land in F, G, H, I, J, and K in the former North Korea-U.S., and completed the registration of ownership transfer in the name of the Defendant on December 8, 2004 with respect to the said I, J land (this land became later subject to L and M registration conversion), and with respect to the said F, G, and H land in the name of the Defendant on August 12, 2005.

C. On the other hand, around July 2005, the plaintiff and the defendant decided to raise the defendant's investment for the above pension project with the funds of the non-party company and distribute its profits in the future (hereinafter "the instant partnership agreement"), and on July 12, 2005, written a partnership agreement with the following contents of the partnership agreement.

The indication of the partnership business: F, G, H capital and investment: The capital amount is KRW 78,00,000,000, and the Plaintiff and the Defendant purchased the above real estate by investing KRW 39,000,000, respectively.

The name and operating method: The name of the above real estate shall be the defendant, and the above real estate shall be managed and operated jointly with the plaintiff.

The shares of the enterprise: All assets of the enterprise shall be owned by each of the plaintiff and the defendant 50%.

Dividends and loss burden: With respect to profits generated in the course of operating the above real estate, the operating expenses and taxes and public charges shall be paid according to the ratio of 50% by the plaintiff and the defendant with respect to the net profits restricted.

When a loss occurs in the course of operation, it shall be borne according to the ratio of 50% for each of the plaintiff and the defendant.

Business settlement: Business settlement term each year;

1. From January 1 to December 31 of the same year;

The period and liquidation of the partnership business: The partnership business may be terminated without setting the period of partnership business and by mutual agreement between the plaintiff and the defendant.

(b)in this case.

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