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(영문) 부산지방법원 2014.09.26 2012가합13517
이익분배금
Text

1. The Defendant: KRW 68,656,650 for the Plaintiff and KRW 5% per annum from August 3, 2012 to September 26, 2014.

Reasons

1. Basic facts

A. The parties involved plaintiffs, the defendant, and the non-party C are those who run the "D" E and the F points as Japanese main points.

B. 1) The Plaintiff, the Defendant, and C on April 5, 2009, respectively, entered into each of the instant partnership contracts, and “D” E (hereinafter “E”), a Japanese-type Japanese-type Japanese-type Japanese-type Japanese-type Japanese-type Japanese-type Japanese-type Japanese-type Japanese-style

2) On August 1, 2009, the Plaintiff, Defendant, and C jointly operate the above “D” F (hereinafter referred to as the “F”), and each 60 million won shall be invested preferentially, and each 1/3 of them shall be re-invested as one-third in the event the additional amount of investment is required, and each 1/3 of them shall be re-invested, and the sales profit shall also be distributed in each 1/3 of them shall be also changed to each 60 million won. In addition, on August 1, 2009, the two business agreements concluded to jointly operate the two business agreements (hereinafter referred to as the “each business agreements of this case”) with the content that each 60 million won shall be re-invested in each 1/3 of them, and that each 1/3 of them shall be distributed in each 1/3 of their respective profits.

3) From May 3, 2009 to September 17, 2009, the Plaintiff remitted a total of KRW 120 million to the Defendant with the above F Points and E’s investments. 4) The E Point began to operate each business from July 2009, and from September 2009, the F Point began to operate each business, and the E Point began to operate from July 359, 2009 to December 2009, from July 2009 to December 2009, around 359,49,497,000, operating income, KRW 12,582,395, operating income rate of KRW 3.5%, and the F Point records each of the sales amount of KRW 335,072,00,000, operating income rate of KRW 420,421,51,575% from September 3, 2009 to December 2009.

5) Meanwhile, on June 1, 2010, C withdrawn from the relationship of each of the instant club units, and from January 1, 2010 to June 30, 2012, C withdrawn from the relationship of each of the instant club units. 6) The sales of E points from January 1, 2010 to June 30, 2012 amounting to KRW 1,864,484,00, and F points’ sales amounting to KRW 2,674,845,00, and the amount paid by the Defendant to the Plaintiff for the said period is KRW 118,450,00.

[Reasons for Recognition] Unsatisfy, Gap evidence No. 1-2, Eul No. 3.

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