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(영문) 전주지방법원군산지원 2016.09.02 2015가단53747

정산금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 22, 201, the Plaintiff, the Defendants, and Nonparty D agreed to operate a partnership business with their respective contributions of KRW 20 million to operate the E, respectively, (major contents: the said partners received monthly wage at the present level, and the additional profits were to be accumulated in the joint checking account; the period of business is from January 1, 2012 to December 31, 2014, the remainder of the joint checking account at the end of the business period shall be distributed in 25% if the business is terminated due to the expiration of the business period, and the early investment amount shall be paid at 80% if the business is withdrawn within the business period, and the early investment amount shall be paid at 80% if the business is withdrawn within the business period).

B. The Plaintiff, the Defendants, and D received each share of KRW 10 million as dividends in 2012, but thereafter, they decided to make an additional investment of KRW 5 million in addition to each of the additional investments. In the process, D offered d’s reliance on the additional investments and demanded resignation and returned KRW 10 million and withdrawn from the partnership agreement.

C. On June 4, 2013, the Plaintiff and the Defendants established F Co., Ltd. (hereinafter “F”), other than the existing business chain E, and both the Plaintiff, the Defendants, and Nonparty G, the Plaintiff’s wife, owned 25% shares, and were registered as F director.

In 2014, the Plaintiff and the Defendants made an additional investment of KRW 15 million each in relation to the operation of F.

E. On May 18, 2015, the Plaintiff expressed his/her intent to withdraw from the partnership business to the Defendants. Around that time with the consent of the Defendants, the Plaintiff brought facilities and equipment machinery in E, and offered the Plaintiff and G’s seal imprint and a certificate of personal seal impression to the Defendants to process F’s resignation (as the registration of director resignation was made on May 26, 2015) and transfer of shares.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff entered into a partnership agreement with the Defendants and operated E and F, and around May 28, 2015.