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춘천지방법원 2020.01.22 2017가합50464

손해배상(기)

Text

1. The Defendant: (a) KRW 4,603,135 for Plaintiff A, B, and C; and (b) KRW 1,972,772 for Plaintiff D; and (c) from September 10, 2019 for them.

Reasons

1. Presumed factual basis

A. Party 1) F Partnership (hereinafter “instant Partnership”)

(2) On February 13, 2012, the purpose of Plaintiff A, B, C, Defendant, and G were the farming association corporation established on February 13, 2012 for the purpose of the management of agriculture and the incidental business, and the Defendant served as the representative director and the director, Plaintiff A, B, C, and G director, as the auditor, and the Defendant’s father H as the accounting employee. (2) Plaintiff D succeeded to G at the statutory inheritance ratio of 3/7, as G died on June 1, 2016.

B. The Plaintiff A, B, and C invested KRW 13,780,228, respectively, from November 6, 2012 to January 12, 2013. The Defendant around September 2012, as subsidies granted by the instant association from Hongcheon-gun, the amounting to KRW 70,00,00 that the instant association owned by Hongcheon-gun, Hongcheon-gun, and KRW 263 square meters of a warehouse (hereinafter “instant factory”).

(2) On October 31, 2012, the instant association, after remodeling, completed the registration of ownership preservation in the future of the Defendant, completed the registration of ownership transfer in the future of the instant association. (2) On the same day, the instant association engaged in the business of producing and supplying sprinking kimchi by purchasing sprinks, molds powder powder, and supplying them to companies, such as “J” and “K,” etc.

3) G was in charge of the establishment of the instant association and the overall operation of the instant factory, and contributed to securing additional customers of the instant association. (c) Plaintiff A, B, and C requested the settlement of accounts to the Defendant around 2016, and during that process, disputes arose between the partners.

2. Accordingly, on February 23, 2016, Plaintiffs A, B, C, and the Defendant dissolved the instant association, and ② the subsidies of KRW 70 million received from Hongcheon-gun shall be paid to the Defendant in full, but the instant factory shall belong to the Defendant.