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(영문) 광주지방법원 목포지원 2018.06.29 2016가합11634
지분금 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From May 6, 2015 to June 15, 2015, the Defendant remitted total of KRW 830,000,000 to the Plaintiff under the pretext of double-frequency purchase and net work expenses.

B. The Plaintiff purchased chip from around that time, and supplied the Defendant with the network work until July 20, 2015, both wave 20kgs 93,563 network.

[Ground of recognition] The fact that there is no dispute, Gap's 2 through 5 (including branch numbers if there is a ground for recognition), the purport of whole pleading

2. The Plaintiff asserted that: (a) around May 2015, the Defendant purchased dry field and the two-waves produced in 2015, and kept them in the freezing warehouse through the network work; (b) sold them; and (c) divided the profits equally; and (d) concluded a trade agreement with the Defendant (hereinafter “instant trade agreement”).

Details of partnership business

1. The defendant shall invest in the two-wave purchase fund, and the plaintiff shall invest credit and C (the president of the previous D Association) and part of the purchase fund.

2. The plaintiff purchased spaws from farmers with the defendant and Eul Co., Ltd. as the purchaser, and entered them in the storage warehouse after doing the entire field work (grags, spaws, fences, warehouse spaws, warehouse spawsing, pawsping).

3. Defendant B shall sell the chip purchased by the Plaintiff and receive the sales proceeds, and then distribute the profits derived from deducting all the costs of the purchase and sale to the Plaintiff equally.

4. If any damage is incurred, the plaintiff shall also be liable for the damage equally.

Under the instant business agreement, the Plaintiff purchased 725,491,00 won out of the total amount of KRW 830 million and KRW 149,280,300 invested by the Plaintiff, which was KRW 979,280,300,000, and supplied 93,563 network to the Defendant after completing the network work of the 253,789,300 won.

Although the Defendant sold the above two-waves and acquired KRW 2,205,985,259, the Defendant only paid KRW 120,000 to the Plaintiff, and the profit, etc. under the instant trade agreement.

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