정산금 청구의 소
1. The plaintiffs' claims against the defendant are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Basic Facts
Around April 2006, the Plaintiffs, E (the Plaintiff filed the instant lawsuit with the Plaintiff, and withdrawn on August 21, 2019) and the Defendant concluded a partnership agreement with the purport of executing construction business for supply and demand of civil engineering, construction, dredging, dredging, and landscaping works (hereinafter “D”) by investing KRW 100 million in total, KRW 200 million, and KRW 500 million, to which the Defendant would operate the said company (hereinafter “instant partnership agreement”) in such a manner as to take over the construction business for civil engineering, construction, dredging, and landscaping works, and receive a contract awarded for government-funded construction works (hereinafter “the instant partnership”).
At that time, Plaintiffs and E accepted 20% of the total issued shares of D KRW 70,500,000 each of the total issued shares of KRW 100 million according to the instant trade agreement, and the Defendant accepted 20% of D’s shares of KRW 200,000.
Around October 2010, the Plaintiffs, E, each of the KRW 40 million, the Defendant additionally invested KRW 80,000, and KRW 200,000,000 in total, and issued KRW 20,000,00 of D’s ordinary shares at the time of 2011. Of the total issued shares of KRW 90,50, the Defendant held KRW 26,200 (40%), the Plaintiffs, and E, each of the KRW 18,100 (20%).
On April 12, 2011, Plaintiffs and E received respectively refund of KRW 15 million out of the above additional capital amounting to KRW 40 million.
D’s sale of management rights on July 15, 2013 entered into a contract with F to transfer D’s business (a civil engineering work), total issued stocks, and goodwill to F for KRW 100 million. On the same day, the Plaintiffs, E’s stocks owned, G, and H were transferred to H.
On August 28, 2013, the Defendant returned the principal of the Defendant’s investment to the Plaintiff on the settlement agreement to repay the principal of the Plaintiff’s investment KRW 125 million with respect to the transfer of the said D, and paid KRW 125 million to the Plaintiff around August 2013. On March 30, 2016, the Defendant returned the principal of the investment KRW 125 million to the Plaintiff B.
[Reasons for Recognition] Unsatisfy, Gap Nos. 1, 2, .