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(영문) 서울동부지방법원 2020.07.23 2016가단104105
기타(금전)
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. On February 8, 2003, Plaintiff A, Defendant C, D, E, F, and Nonparty H entered into a partnership agreement (hereinafter “instant partnership agreement”) with the content that Plaintiff A, Defendant C, and the remaining persons jointly distribute profits and losses arising from the management of the instant association with one share, among the total nine shares of I (hereinafter “instant association”), and began gas sales business with the trade name “I,” and with the content that the remaining persons jointly distribute profits and losses.

B. Defendant G borrowed the name of J on September 17, 2003, and acquired the shares of the instant association (one shares) owned by H in KRW 175 million. The Plaintiff A acquired the shares of the instant association from Defendant C in KRW 57,500,000 from Defendant C on October 6, 2003.

Accordingly, the shares of the plaintiff A were 2.5 and the shares of the defendant C were 1.5.

C. At the time of the conclusion of the instant association agreement, Plaintiff A assumed office as the representative of the instant association and took charge of funding and accounting management until December 30, 2011.

The Defendants, as members of the instant association, were in charge of business activities, such as gas sales and delivery.

The Plaintiffs withdrawn from the instant association on May 26, 2016 on the ground that the Defendants’ annual objection was criminal complaint that it is no longer difficult to maintain a partnership relationship with the Defendants.

[Reasons for Recognition] Gap evidence Nos. 1, Eul evidence Nos. 8 (including branch numbers, hereinafter the same), and the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The Defendants’ summary of the Plaintiffs’ assertion: (a) withdrawn KRW 80 million on February 29, 2012, and KRW 200 million on July 19, 2012 from each of the instant cooperative passbook; and (b) distributed or used profits other than the Plaintiffs.

Of the total nine shares of the instant association, Plaintiff A’s shares are 2.5, and Plaintiff B’s shares are 1. As such, the amount equivalent to KRW 2.5/9 shares of Plaintiff A out of the said KRW 280 million is KRW 7,770,000, and the amount equivalent to KRW 1/9 shares of Plaintiff B is KRW 31,100,000.

Therefore, the Defendants are the Plaintiffs.

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