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(영문) 서울중앙지방법원 2018.10.16 2018나36389
기타(금전)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On March 16, 2012, the original Defendant, C’s original Defendant, and C entered into a partnership agreement on the joint management of the building office (hereinafter “instant partnership agreement”), and the main contents of the partnership agreement, which is the instant partnership agreement entered into at the time, are as follows.

A (hereinafter referred to as "A"), C (hereinafter referred to as "B"), and B (hereinafter referred to as "B") shall enter into a partnership agreement as follows:

Article 1 [Purpose of Contract] Gap and Eul, and Byung [State] D (hereinafter referred to as the "company") shall invest funds, jointly manage the overall business of architectural design and the overall business of interior, and distribute profits and losses arising therefrom to the following ratios:

[Contribution]

1.A, B, and C shall make an investment in cash to the Company in the following manner:

1) Of the total initial capital amount of KRW 50,000,000, KRW 50 per cent (25,000,000) and KRW 50 per cent (25,00,000) (2) upon application for a loan of youth start-up funds, KRW 50,000 shall be deposited as operating funds into the joint account of KRW 3.

3) The amount of investment pursuant to Article 2(1) shall be deposited into the corporate name account by March 14, 2012. (Joint Account: Account Number: H) However, after the incorporation of a juridical person, the amount of paragraphs 1 and 2 above shall be deposited into the corporate account. (4) The due date of investment in Byung shall be one year after the incorporation of the company.

Provided, That prior to the time prescribed in the above paragraph, the timing of investment may be adjusted by mutual consent.

5) The loans in paragraph 2 above shall be administered under the responsibility of A and B for one year, and re-consultations on the loans and contributions at the time of investment by C in accordance with paragraph 4 above after one year. 2. The initial amount of capital shall be the amount agreed upon by A, B, and C.

1. A, as a joint representative of a company, has overall control over the company’s vision and business expansion;

In addition, the master plan for human design and each project shall be controlled.

2. B is the same as Company A.

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