이익분배금 등
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. From November 1, 1990 to November 1, 1990, the Plaintiff operated a fishery product processing company in sequential use of the trade names called C(State), D and E, and the Defendant was employed as an employee of each of the above companies operated by the Plaintiff from February 1, 1999 to February 2005.
B. On April 30, 2005, the Defendant invested KRW 100,000,000 in E, and the Plaintiff and the Defendant entered into a partnership agreement with the Plaintiff on April 30, 2005, setting the Plaintiff’s shares as KRW 55% and the Defendant’s shares as KRW 45%.
C. The plaintiff and the defendant operate E concurrently from April 2005 in accordance with the above business agreement. However, since January 2008, the plaintiff was almost involved in the management of E, and the defendant actually operates E.
On January 10, 2014, the Defendant invested E’s funds to secure sites for additional factories, warehouses, etc. following the growth of the size of the E company, and purchased the factory site after establishing F and G Co., Ltd., one’s own branch of G Co., Ltd., purchased boarding cars, etc. for G Co., Ltd., and established H Co., Ltd. on August 14, 2014 for E’s management.
E. The Plaintiff filed a complaint with the Defendant on April 1, 2015 on the ground that the Defendant used E’s funds without permission to make the said investment, etc., by occupational embezzlement, etc., but the Gangwon Branch Office of the Chuncheon District Prosecutors’ Office did not impose a non-prosecution disposition on August 31, 2015 on the ground that there was insufficient evidence to prove that the Defendant was not guilty, and thereafter, the Gangwon Branch Office of the Chuncheon District Prosecutors’ Office did not impose a non-prosecution disposition on the Defendant on August 9, 2016.
F. On October 26, 2015, the Defendant sent to the Plaintiff a certificate of content that he/she would terminate the instant agreement on the management of E, and around that time, the said notice reached the Plaintiff.
G. Meanwhile, around 2007, the Plaintiff used the volume of KRW 20,000,000 among the E’s property as personal living fund. Accordingly, the Plaintiff and the Defendant agreed to change the Plaintiff’s shares to KRW 51% on December 31, 2007 and the Defendant’s shares to KRW 49%.