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(영문) 대전지방법원 2016.12.21 2014가합2628

잔여재산지급

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 10, 201, Plaintiff B completed the business registration with the trade name “D” on June 10, 201 as the date of the opening of the business, and subsequently manufactured and sold non-pharmaceutical products.

On May 13, 2006, the Defendant completed the business registration with the trade name of “E” on May 13, 2006, the Defendant, who is the husband of the Defendant, operated the “E” and operated the wholesale and retail business such as medical appliances and quasi-drugs while operating the “E.”

B. F and Plaintiff B: (a) around May 201, 201; (b) Plaintiff B manufactured and supplied Make to F and sold it.

In this regard, on June 13, 201, Plaintiff A transferred KRW 40,000,000 (hereinafter “first money”) to the Plaintiff A’s Agricultural Cooperative Account (Account Number G: B; hereinafter “B Agricultural Cooperative Account”), and Plaintiff B used the first money as cost of Mac production.

After that, from the Plaintiff’s Enterprise Bank Account (Account Number: H; hereinafter referred to as “B Enterprise Bank Account”) and the Defendant’s Agricultural Bank Account (Account Number: I; hereinafter referred to as “CF Account”), Plaintiff A’s Agricultural Bank Account: J. hereinafter referred to as “AF Account”).

) As described below, KRW 6,600,000 was remitted in total from October 12, 201 to February 13, 2012, as listed in [Attachment 1], from October 12, 201 to February 13, 2012. [Attachment 1: the remittance amount of KRW 6,600,000 to the remittance account deposited on the remittance date account No. 6,600,000 to the NA AF bank Account on October 12, 2011, KRW 1,000,000 on October 14, 201, 201, KRW 320,000 KRW 33,00 on November 28, 2011. < Amended by Presidential Decree No. 17813, Mar. 1, 200, 2000; Presidential Decree No. 17000, Oct. 3, 2012>

C. On June 24, 2011, Plaintiff B entered into a contract with K and K for the exclusive sale of the salted fish for children of “L” produced by K and K Co., Ltd.

On June 27, 2011, the plaintiff A was 88,000,000 won or less.

B transferred to the said Nonghyup account of Plaintiff B.

Meanwhile, around July 201, F was supplied by Plaintiff B with 40,00 even the salted fish for children. D.

After that, the plaintiffs and F are financed by the plaintiffs A, and the plaintiffs B are financed by them.