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(영문) 의정부지방법원 2015.11.26 2012가합5299
정산금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Presumed factual basis

A. A. Around January 201, the Plaintiffs and the Defendant concluded a partnership agreement with the content that they would acquire “E” from D and jointly operate it (hereinafter “instant partnership agreement”).

(1) The purpose of this Agreement is to jointly contribute to the acquisition of E, and jointly manage funds by the Plaintiffs and the Defendant after acceptance, and to jointly distribute the profits arising therefrom. Article 2 (Investment) Plaintiffs and the Defendant confirm that the acquisition of E and the joint contribution of KRW 70,000,000, respectively, through the period from January to February 2, 2011, should be jointly made. Article 3 (Sharing of Interest and Decision-making)

1. The defendant shall manage the overall management of E and shall be the representative of E.

2. The Plaintiffs are mainly engaged in the manufacture and business of E, and perform the joint representative positions of E.

3. The appointment and dismissal of officers and employees of E shall be decided through consultation between the Plaintiffs and the Defendant.

4. In operating a business, partners must exercise due care as a good manager, and must undergo prior consultation with other partners about matters that have an important impact on the business, excluding ordinary transactions.

Article 4 (Distribution of Benefits) The plaintiffs and the defendant shall jointly distribute profits according to the ratio of investment by settling accounts of business performance for each month during the contract period from February 1, 201 to February 1, 201.

Article 5 (Loss, etc.) The plaintiffs and the defendant shall bear joint liability at their respective investment rates in cases where a project suffers a loss.

Article 9 (Liquidation, etc.) Any matter not provided for in this Agreement shall be decided by consultation between the parties on the basis of fairness and good faith. If the parties are unable to continue to engage in the business because they fail to reach an agreement on important matters, or if the business is terminated, it shall be liquidated until the time of liquidation.

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