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(영문) 서울중앙지방법원 2015.10.16 2012가합17993
출자금 반환
Text

1. The Defendant: (a) KRW 109,049,527 on the Plaintiff, and KRW 6% per annum from March 22, 2012 to October 16, 2015 on the Plaintiff.

Reasons

The fact-finding C Co., Ltd. (hereinafter referred to as “C”) is a company that runs the franchise business of D Beauty Research Institutes (hereinafter referred to as “D Beauty Research Institutes”) and skin management business chain, and the Plaintiff is a general director of C.

On April 16, 2009, the Defendant entered into a partnership agreement (hereinafter “instant partnership agreement”) with the Plaintiff on the joint operation of C company E’s franchises and one Do Beauty Private Teaching Institutes related thereto (hereinafter “instant store”).

Article 1 (Purpose of this Agreement) The purpose of this Agreement is to determine the obligations and rights of the original Defendant relating thereto in order to jointly operate the instant business store agreed to be jointly operated by the original Defendant.

Article 2 (Establishment of Individual Business Operators) The original defendant shall establish and operate a personal business with the only purpose of running the business.

1. The defendant shall contribute 250,000,000 won in cash.

2. The Plaintiff shall invest in kind the old-age, manuals, beauty art equipment, etc. equivalent to KRW 250,000,000.

3. The share structure of the Defendant has 50% and 50% of the Plaintiff.

4. The Company shall have the Defendant.

8. The Company shall be incorporated within 14 days of the date of the conclusion of this Agreement.

Article 3 (Obligation of Defendant)

1. The defendant shall make an investment of KRW 250,00,000 as stated in Article 2(1) of the time of incorporation of the personal entrepreneur as specified in Article 2(1).

2. In order to support the down payment of the lease deposit for the establishment and the main business of the business, the Defendant shall transfer the amount of KRW 30,000,000 to the Plaintiff within three days from the date of this contract.

3. In the event that the establishment of an individual business entity is nonexistent or that the business is not in progress due to the termination of this contract or the reasons for such termination, the plaintiff shall immediately return to the defendant the investment as referred to in paragraph 2 of this Article.

Article 4 (Obligation of Plaintiff)

1. The plaintiff.

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