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(영문) 서울남부지방법원 2014.12.11 2013가합16849
정산금 등
Text

1. Defendant B shall pay to the Plaintiff KRW 145,68,040, and KRW 5% per annum from January 4, 2014 to December 11, 2014, and shall be repaid from the following day.

Reasons

Facts of recognition

On July 2010, the Plaintiff and Defendant B entered into a partnership agreement with the Defendant B to jointly carry on the sea-water cover project as follows.

(hereinafter referred to as "the instant trade agreement" (hereinafter referred to as "the instant trade agreement"). [In investing capital necessary to manage the goods shower shower's shower's shower's petu estate D, the Plaintiff is formed by investing KRW 70,000,000 in each of the investment of KRW 150,000 in Defendant B, and the additional expenses incurred during the establishment of the establishment shall be borne by the Plaintiff and Defendant B in consultation with each other.

Article 3 (Distribution of Profits) The Plaintiff and B shall preferentially pay the Plaintiff KRW 2,500,00 per month in the name of operating expenses from among the profits accrued from the above businesses, and shall distribute the remaining profits equally.

Article 5 (Management of Place of Business) For smooth management of business, all matters concerning the place of business, such as recruitment and management of employees, purchase of food materials, inspection, etc., shall be administered by the plaintiff who is the representative of the place of business.

Article 11 (Restoration of Original State due to Termination of Contract) Where this contract is terminated, the plaintiff shall endeavor to restore each contribution to its original state by the highest method.

On August 29, 2010, the Plaintiff entered into a lease agreement with Nonparty E, who was the owner on the registry, on behalf of the Plaintiff, on August 29, 2010, with the content that the lease deposit amount is KRW 100 million, monthly rent of KRW 7.5 million (excluding value-added tax), and the lease term is five years from August 29, 2010 (hereinafter “instant lease agreement”).

However, the Plaintiff and Defendant B shall appropriate the Plaintiff’s investment of KRW 70,000,000 to a restaurant facility, and the Defendant B’s investment of KRW 150,000,000 to cover KRW 100,000,000 for commercial lease for restaurant business, and KRW 50,000,000 for the premium. The Defendant B is the above E who represented Defendant C.

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