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(영문) 서울동부지방법원 2014.09.26 2013가단56786
정산금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 24, 2010, the Plaintiff C (one person D) and the Defendant leased a store owned by the Defendant’s mother of Songpa-gu Seoul F apartment 112 (hereinafter “instant store”) to operate the business of selling clothing, and began the instant store’s interior work from February 25, 2010, and purchased clothing to the people.

B. For a third party’s partnership business (hereinafter “instant partnership business”), the Plaintiff, C, the Defendant, and E drafted a lease agreement with the lessor on March 10, 2010 with respect to the instant store as the Plaintiff, C, and the Defendant. The details thereof are as follows: “The lease deposit KRW 100 million, the rent KRW 4 million per month, and the period from March 10, 2010 to 60 months.”

However, it is not actually paid KRW 100 million to E as security deposit.

C. On March 6, 2010, the Plaintiff, C, and the Defendant drafted a joint business agreement (hereinafter “instant partnership agreement”) and obtained authentication. The main contents are as follows.

1. “A”’s duty (A) “A” shall retain the existing capital in the following manner: (1) the basic fund to attract the project capital is KRW 100,000,000,000 (Won 100,000) necessary for carrying out the instant clothing project; (2) the term “B” shall, in carrying out the clothing project, take charge of the financial affairs concerning the disbursement and all other expenses; (2) the term “B” shall attract the existing capital in the following manner:

B) “B” may exercise the right to choose to purchase business and clothing until March 31, 2010.

3. The obligations (a) of the “A” (Defendant) “A” and “B” do their best to ensure that it does not interfere with the progress of the project by sharing their duties. (b)

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