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(영문) 대구지방법원 서부지원 2018.07.26 2016가합52570
동업자금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff Company A (hereinafter “Plaintiff Company”) is a company whose main purpose is the aggregate extraction business, and Plaintiff B is the representative director of the Plaintiff Company.

Defendant C (hereinafter “Defendant C”) is a company whose main purpose is to conduct aggregate extraction business, and Defendant D is the representative director of the Defendant Company.

B. On May 31, 2013, the Plaintiff Company received a certificate of borrowing KRW 300 million from the Defendant Company, and the Plaintiff B received three copies of the total amount of KRW 200 million from the Defendant Company to borrow KRW 70 million on April 22, 2013, KRW 30 million on May 3, 2013, and KRW 100 million on June 19, 2013, respectively.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 and 2 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion and the Defendants agreed to operate a partnership business with the use of dredging lines around June 2014. The Plaintiffs and the Defendants contributed each of the amount of KRW 450 million to each of the same partnership business investments, but the amount of KRW 450 million to be contributed by the Plaintiffs was KRW 20 million and KRW 300 million to be paid by the Defendants, respectively.

Since then, it recognized the plaintiffs' ownership of 1/2 of the aggregate extraction equipment, such as dredging and sorting machines purchased with a partner deposit, and the defendant D agreed to pay half of the amount calculated by deducting necessary expenses for the operation of the business from the business income to be earned by running an aggregate extraction business in the name of the defendant company and E, as dividends to the plaintiffs.

Nevertheless, the Defendants, as the partners of the Plaintiffs, embezzled most of the operating earnings by settling accounts and transferring them to Defendant D’s personal account, and secure the amount equivalent to KRW 200 million of Defendant D’s personal debt with respect to the dredging vessel purchased with the trade funds.

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