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(영문) 서울중앙지방법원 2019.05.22 2018나44809 (1)
약정금
Text

1. The plaintiff's appeal and the main claim and the expanded conjunctive claim are all dismissed.

2...

Reasons

1.In order to distribute profits arising from the business in the joint establishment of a basic fact-based partnership agreement C in their respective shares of investment, a contract concerning the business shall be concluded as follows:

As for all voltages set forth in the present C and liquid machinery sets and accessories, the period of operation, type of operation, gold, press, mixing, etc. (hereinafter referred to as the “instant machinery”) shall be KRW 250,00,000, Doz. 250,000 [Defendant] Disease [E] [Plaintiff].

Article 1 (Investment Obligations) Gap and Eul are completed by investing a total of KRW 250,00,000 (19%) investment amount of KRW 47,50,000 (19%) and a total of KRW 40,000 (16%) investment amount of KRW 16%) and Byung’s investment amount of KRW 82,50,000 (33%) and 82,500,000 (32%) investment amount of KRW 80,00,000 (32%) necessary for running C, and completing their investment obligations.

Article 3 (Duty of Distribution of Profits) A and B shall be settled monthly from the beginning date of the business to the termination of the contract, and the profits shall be distributed according to the ratio of investment of the sick's family after the settlement of accounts.

In principle, the investor A who has become a victim of a disaster shall transfer technology necessary for management and other activities incidental to all other business to the investor Byung.

Article 4 (Right of Monitoring of Business) Concurrentness shall be determined in writing at any time at the request of each other, and shall present the matters concerning each person's business and duties entrusted, the balance sheet concerning the business and transactions, and shall report the matters concerning the overall business.

(A) If necessary, access to the balance sheet shall be available, but shall not participate in the management of the Company). Article 6 (Restoration due to Termination and Termination of the Contract) A and B shall be allocated in proportion to the ratio of investment if a justice project is suspended or discontinued.

On August 4, 2016, the Defendant entered into a partnership agreement with D, E, and the Plaintiff with respect to the following (hereinafter “instant agreement”).

B. On July 11, 2016, the Plaintiff invested 80,000 to the Defendant under the instant contract.

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