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(영문) 청주지방법원 2016.11.16 2014가합3006
청산금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On July 2007, the Plaintiff and the Defendant began to jointly operate a credit card terminal business in the name of “C” on the part of “C” on the Cheongju-gu, Seo-gu D2. As to the above business, the Plaintiff completed the registration of an individual entrepreneur under his own name and took charge of funding management and accounting, and the Defendant was in charge of the business and personnel management (hereinafter referred to as the “Plaintiff and the Defendant’s activities as the trade name, the subject of the business is indicated as “C”.

2) Around that time, C entered into a credit card terminal agency contract with Nonparty 2 (hereinafter “Snet”) and entered into a credit card terminal agency contract with Nonparty 2 (hereinafter “Snet”) on May 15, 2009.

B. 1) The non-party corporation E (hereinafter “E”) established on June 29, 201 for the purpose of the card wholesale and retail business. At the time of the establishment of E, intra-company directors were the Plaintiff, the auditor, and the head office were the Plaintiff, and the Defendant owned the entire shares of E. 2) E, E, C, and age information and communication around July 201, agreed to succeed to the entire contractual status, such as the credit card agency’s obligation and obligation under the contract for the above credit card terminal agency for the information and communication of C’s age, around July 201.

C. The Plaintiff and the Defendant asserted that from November 201, 201, the Plaintiff spent approximately KRW 180 million in the course of the operation of C, and demanded the Defendant to pay approximately KRW 90 million, half of which are the half of the Plaintiff. (2) On May 31, 2012, the Defendant, at E office, deleted the Plaintiff’s ID and password necessary for accessing the information and communications computer system.

On May 9, 2013, the defendant was sentenced by the Cheongju District Court to a fine of one million won for the crime of interference with business against the above act, and the above judgment became final and conclusive around that time.

3 The plaintiff was dismissed on January 11, 2013 from E’s audit.

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