정산금 청구의 소
1. The Defendants are jointly and severally liable to the Plaintiff for 80,341,905 won and 5% per annum from May 30, 2019 to July 11, 2019.
Facts of recognition
On April 2016, the Plaintiff and Defendant B engaged in the same business as “D” where they manufacture and sell native milk (S) by investing KRW 40,000,000,000, and thereafter, Defendant C participated in the husband of Defendant B and the Plaintiff and the Defendants came to have one-third share of D respectively.
On the other hand, in the first time, the Plaintiff directly managed D and the Defendant B was directly in charge of the management from June 2016.
1. It is confirmed that the ratio of the business of the plaintiff and the defendants to the partnership is one-third.
2. The Defendants are jointly and severally liable to return 1/3 of the remaining assets to the Plaintiff by evaluating D’s remaining assets in cash.
3. The assessed amount of money for the production machinery and various facilities of D shall be 19 million won.
4.The remaining inventories shall be appraised in the presence of three immediately after this Agreement.
On September 28, 2018, the Plaintiff withdrawn from the partnership relationship, and agreed with the Defendants on the settlement of the Plaintiff’s operating assets as follows.
The Defendants completed the report on business closure on April 23, 2019.
However, there is no dispute between the Plaintiff and the Defendants on the fact that the sales amount was added to 1) inventory assets as of September 28, 2018 by adding 2) inventory assets to 3) sales amount as of September 28, 2018, and that the total expenses was deducted. The sales amount is classified as 1,253,190,600 won in total: (i) sales amount of KRW 4.8 million in total (i.e., KRW 2,394,600 in KRW 4.8 million in total): 1,245,96,000 in KRW 1,245,96,00 in total: The sales amount of KRW 1,295,96,00 in the amount of KRW 1) and the amount of KRW 29,229,200 in the amount of KRW 90,600 in the amount of KRW 29,600 in the amount of KRW 29,200 in the amount of KRW 90.
As to this, the Defendants did not hand over the sales of April 2016 and May 2016 when the Plaintiff independently managed D and the Defendant B transferred management rights to Defendant B around June 2016.