logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.04.18 2017가단22916
각서금
Text

1. The Defendant shall pay to the Plaintiff KRW 120,00,000 and the interest rate of KRW 15% per annum from September 13, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. A. Around September 2013, the Plaintiff, the Defendant, C, and D agreed to distribute the future profits each 1/4 of each of the following profits by investing a total of KRW 600 million (25% of the equity interest in E-type E-type, KRW 40 million and owned), KRW 1.8 billion (20% of the equity interest in G Co., Ltd., KRW 20% of H interest, KRW 20% of the equity interest in H, and KRW 2.4 billion, and KRW 2.4 billion of the equity interest in E-type, respectively.

(hereinafter referred to as “instant trade agreement”). (b)

On September 26, 2013, the Plaintiff, the Defendant, and D established the J (hereinafter “instant Company”) pursuant to the instant trade agreement, and the Plaintiff and C were the representative director, and the Defendant was the director of the intra-company.

C. However, partners including the Plaintiff, etc. were faced with the situation where normal business is impossible, such as conflict of opinions regarding the operation of the company. Accordingly, the Plaintiff and the Defendant drafted on May 8, 2014, the following notes (hereinafter “each of the instant notes”).

In the course of the liquidation procedure of the company of this case, the defendant

5. up to 31. Payment of 100 million won out of project costs of KRW 200 million;

6. The balance shall be paid 100 million won until 30.

Accordingly, the joint business of the company of this case is liquidated.

As of May 8, 2014, joint business operators shall transfer all responsibilities related to the liquidation of the Plaintiff’s instant company to joint business operators, the Defendant and C.

After the drawing up of the letter of this case, the plaintiff did not participate in the management of the company of this case.

[Ground of recognition] Facts without dispute, witness D and C's testimony, Gap evidence Nos. 1 and 2, Eul evidence No. 5-1, 2, and 3, the purport of the whole pleadings

2. Determination

A. A partnership agreement with the content that both parties to a judgment on the cause of the claim jointly establish and operate a stock company by investing cash, etc., and that the company shall jointly manage the company in proportion to the share ratio of the expenses and the share distribution of profits.

arrow