logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2013.01.17 2011가합5141
투자금반환
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts, the Plaintiff and the Defendant engaged in the same business as “D dental department” and “F dental department E in Mapo-gu Seoul Metropolitan Government.

(50:50). The term "D Department" was closed on July 201, when the main lawsuit is pending, but the term "FJ" has been in operation until now.

[Reasons for Recognition] Facts without dispute, purport of whole pleading

2. Assertion and determination

A. (1) On October 12, 2010, the Plaintiff expressed his/her intent to terminate the partnership business to the Defendant on October 12, 2010, and the Defendant consented thereto at that time, so there remains only the issue of liquidation.

The assets of the association include deposit, various facilities, etc. of “F value” and the liabilities of the Plaintiff and the Defendant: ① Common debt 1,38,000,000; ② Interest on KRW 400,000,000 that the Plaintiff borrowed from a foreign exchange bank for the purpose of establishing “F value” (from March 1, 2008 to September 30, 201) 102,17,771; ③ Cash 100,00,000,400, and overdue rent 82,000,000,000, which the Plaintiff invested in order to establish “F value”.

The assets of the partnership shall be calculated by future sale or market price appraisal. The defendant shall respond to the plaintiff's claim on the main claim, and the defendant shall be obligated to pay to the plaintiff the amount of KRW 1,622,00,000 among the above liabilities (=102,00,000,000, which is a half of the cash investment of KRW 102,000,000,000, out of the above interest of KRW 1,000,000,000, and the amount of KRW 81,000,000, which is the difference between KRW 48,000 and KRW 48,00,000 borne by the defendant (=323,00,000, KRW 81,000, ② 48,000,000, and delay damages thereon).

(2) Liquidation following the dissolution of the Defendant Union shall be carried out by way of arranging all active and passive properties related to the business partnership, including D value, “F value,” and “G” trademark rights, and (a) examining only the amount of additional investments and charges by the original Defendant, the Plaintiff’s additional investments and charges are as follows: (a) ① KRW 571,00,000 in bank liabilities; (b) KRW 82,00,000 in total in bank liabilities; and (b) KRW 653,00,000 in bank liabilities; and (b) the Defendant’s additional investments and charges are as follows.

arrow