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(영문) 서울중앙지방법원 2013.10.17 2012가합67981
손해배상 등
Text

1. Defendant B and G jointly pay to the Plaintiff KRW 334,714,407 as well as the full payment from July 2, 2013.

Reasons

1. Basic factual basis within the scope necessary to determine the cause of the claim;

A. On June 28, 2012, the Plaintiff entered into a joint project agreement with the Plaintiff (State) with the Plaintiff to jointly promote the business of importing and selling diesel in foreign countries, and entered into the instant joint project agreement with the following content:

(i) The purpose of this joint project agreement is to facilitate the purchase and sale of “B” by investing funds in order to promote the distribution business of “B” and to facilitate the purchase and sale of “B”, and “B” is to divide the profits from the purchase and sale of “B” and “B” to pursue mutual interests by distributing the profits from the purchase and sale of “B” and “B” to “B” as follows: (a) the purpose of this joint project agreement is to conclude a contract with the aim of the distribution and sale of finished products in the future and sales business; (b) Article 1(1)(Purpose of this Agreement is to:

Article 2 (Detailed Terms and Conditions A) (1) The term “A” shall operate the investment fund using the corporate passbook of “B” at the same time as the contract is made.

(2) The investor “A” shall create only one corporate passbook in “B”, and shall delegate the corporate passbook and the corporate seal imprint, to “A”, and the investor “B” shall agree to delegate all the rights to withdrawal of the corporate passbook to a specific person designated by “A”.

(3) The term "B" in the responsibility for sale shall be to purchase the transit imported using the investment funds of "A" invested and to ensure that "A" shall each sell the transit purchased to an user and the proceeds of 5% of the investment principal shall be covered each time in which the investment funds are operated.

(A) (1) The term "B" shall ensure that all expenses incurred in the sale shall be deposited in the corporate passbook under paragraph (2) in advance, and all the purchased transit shall be excluded from the investment principal in the cost deposited at the time of sale.

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