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(영문) 수원지방법원 2017.08.30 2015가단111002
투자금 반환 청구의 소
Text

1. The defendant (Counterclaim plaintiff)'s counterclaim of this case shall be dismissed.

2. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit of this case.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 18, 2014, the Plaintiff entered into a partnership agreement (hereinafter “instant partnership agreement”) with the Defendant with respect to D located in Suwon-si C4, Suwon-si, Suwon-si, where the Defendant was in a state of suspension of business (hereinafter “instant place of business”), and the main contents thereof are as follows.

Section 1 (Purpose) This Agreement is in the business series by entering into a contract for the sale of D shares in the place of business as of December 18, 2014.

Article 2 (Contents)

1. As of December 18, 2014, the Defendant’s asset value standard of D’s location of the said place of business (integrative and joint management) was agreed to KRW 200,000,000, out of which 40,000 won was sold to the Plaintiff.

The payment date of the Plaintiff’s share shall be 30,000 won on December 18, 2014 and shall be 10,000 won on the end of February 2015.

In the event of a violation, damages caused by the violation will be paid.

As a result, the shares of the defendant are KRW 160 million, and the shares of the plaintiff are KRW 40 million.

2. The commercial building lease agreement at the above place of business is KRW 0,000, monthly rent of KRW 200,000, management fee of KRW 300,000,000, and value-added tax of KRW 200,000,000, and the term of lease shall be between December 18, 2014 and December 17, 2016, and the existing defendant shall succeed to the terms of the lease agreement.

Monthly rents shall be calculated from February 1, 2015, and shall be the date of payment of rent as of the last day of each month.

3. Business operating expenses are to be 50:50 to the Defendant and the Plaintiff.

4. The business operator registration certificate is first to the defendant, and can be conducted under the joint name and the plaintiff later.

5. The defendant and the plaintiff shall set the basic salary by referring to the net income and receive the monthly salary.

6.7. Each omission;

8. Preferential operating expenses must be paid to the Defendant as of February 2015 the Plaintiff’s share of KRW 5 million to the Defendant as of February 2015.

In the event of a violation, compensation for such violation will be paid.

Article III (Period) 2014.

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