logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.12.17 2015가합518718
정산금 청구
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. For the Defendant (Counterclaim Plaintiff):

A. The plaintiff (Counterclaim defendant).

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments set forth in Gap evidence 1 to 6, and Eul evidence 1 to 3 (including paper numbers). A.

On June 1, 2007, the Plaintiffs jointly invested and operated the Eanan department (hereinafter “Ean department”) on the 13th floor of the D Building in Jung-gu Seoul, Jung-gu, Seoul, and on August 22, 2008, the Gan department (hereinafter “Gan department”) in the 601 of the Yongsan-gu Seoul, Yongsan-gu, Seoul.

However, the Ean department operated the plaintiffs jointly, and the plaintiff A independently from August 20, 2008, which was around the beginning of the Ganan and the opening of the Gan department, and the plaintiff B operated independently from the Gan department.

B. Around November 2009, when the plaintiffs prepared to open additional sources of Ansan, the defendant agreed to participate in the joint operation. At that time, the plaintiffs and the defendant prepared an agreement on the joint opening of Ansan Council members (hereinafter "the first agreement") with the purport that the plaintiffs have 40% shares and 20% shares of the defendant, on the condition that the plaintiffs and the defendant contribute to 600 million won.

However, the Defendant had invested KRW 300 million. Accordingly, the Plaintiffs and the Defendant prepared an agreement on the joint establishment of Ansan-won (hereinafter “the second agreement”) with the purport that the Plaintiffs have 45% shares and 10% shares, respectively, and that the Defendant has 10% shares.

(Preparation of the above agreement, the agreement entered into between the plaintiffs and the defendant (hereinafter referred to as the "instant partnership agreement"). The agreement in the instant partnership agreement was as follows.

1) Proceeds are divided into monthly salary and equity. Monthly salary is the amount determined by agreement of three persons, each of which is KRW 20 million. Profits on shares shall be paid in proportion to shares (Article 4(2) and (6). 2 of the 2nd 2nd 2nd 2nd 3rd 3rd 3rd 3rd 3rd 3rd 3rd 3rd 3rd 3rd 3rd 3rd 3rd 3rd 3rd 6th 6th 6th 6

(Article 4, paragraph 5, of the Second Agreement). 3 persons are sole losses as a result of a decision without prior agreement in carrying on operations.

arrow