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(영문) 대구지방법원 포항지원 2018.09.07 2016가합10914

출자금반환

Text

1. The Defendants jointly share KRW 280,000,000 to the Plaintiffs and Defendant C and D with respect thereto from August 2, 2016.

Reasons

1. Facts of recognition;

A. The relationship between the parties, etc. 1) the Plaintiffs, Defendant C and D, and Defendant E and F are married couples. 2) The Plaintiffs and the Defendants engaged in marine passenger transportation services on the G service route (hereinafter “instant business”) from August 201 to August 201, as described in the following B (b).

B. 1) The Plaintiffs and the Defendants agreed to operate the instant business in partnership, and take over the pertinent business rights and passenger ship I from H, and thereafter, the J Co., Ltd. (hereinafter “J”) on August 18, 201 (hereinafter “J”).

Article 1(Contribution) was established. The investment is “A (Defendant C)” 1/3, “C (Plaintiff E) 1/3, and “Ma (Plaintiff E)” 1/3. The parties to the agreement under Article 2 (Investment Obligations) are jointly obligated to make a contribution, and the certification thereof is based on the receipt from the bank and the arbitr. The transaction, name, and other activities incidental to the business with a third party necessary for the operation of the above business shall be “A” and the rights and obligations shall be jointly borne by the arbitr. The parties to the agreement under Article 6 (Liability for Distribution of Profits) shall not be paid dividends until all the obligations of the company are adjusted. The arbitr shall be jointly and severally liable for all liabilities and civil losses incurred to the company. After the agreement under Article 8 (Contract Termination Rights) is concluded, the agreement between the parties to the agreement and the Defendants may not be terminated and may require the Defendants to withdraw from each business or withdraw from each of the following business.

(3) As to the instant project, the Plaintiffs invested KRW 310,00,000,00, Defendant C and D as well as KRW 240,000,00, and Defendant E and F as KRW 414,954,00,00, respectively. (c) The Plaintiffs around March 2014.