beta
(영문) 서울고등법원 2018.09.21 2018나2013361

지분환급청구의 소

Text

1. All appeals filed by the plaintiffs and the claims extended by this court are dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. E, the Defendant, and F’s G co-operation 1) E in the name of Dong students I on May 1, 1995, G (former trade name: K; hereinafter “G”) in the Nam-gu, Incheon. J on May 1, 1995

(1) The Plaintiff testified to the effect that the Defendant’s testimony was 3.3% since May 1, 1995 to December 30, 2006, the proportion of shares in the same business as E, F, and Defendant G is 3.3%, respectively. However, the witness of the first instance court set the same ratio as 33.3% for the first time, while the E, F, and Defendant were changed to 40%, Defendant 20%, and that the changed ratio of shares was maintained until the Defendant withdraws from G. The Plaintiffs testified to the effect that the Defendant’s testimony was 20% based on the evidence No. 20, E, F, and Defendant’s testimony as the date of withdrawal from G. 36%, respectively.

The plaintiffs asserted that the time when the defendant withdraws from G is December 30, 2006 according to the statement in Gap evidence No. 2, and that the defendant does not dispute this. Thus, the defendant's G withdrawal time is to be determined on the basis of the plaintiffs' claims.

G was withdrawn from the operation of G, and thereafter E and F operated 40% and 60% of G from December 31, 2006.

E, as the E withdraws from the operation of G on February 28, 2007, the F independently operated G from March 1, 2007 to July 31, 2013, and closed G on July 31, 2013.

B. The defendant, E, the defendant, and F L joint operation 1), together with F and M from January 16, 1997, L (the trade name before the change: O.