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(영문) 서울남부지방법원 2014.10.24 2012가합21653
조합지분권반환 등
Text

1. The Plaintiff (Counterclaim Defendant) has a right to share 14.93% of the partnership shares with respect to D business under the name of the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The husband E of the Plaintiff and the Defendant from around 1998 operated the secondhand machinery trade business, etc. with the help of G, which is the actual operator of F Co., Ltd. (hereinafter “F”), and engaged in the machinery manufacturing and processing business at F’s factory with the help of G.

B. From that point of time, Plaintiff A and E came into a factory of F in 2005, received machinery necessary for machinery manufacturing and processing business from G, and leased a H plant in Nam-gu Incheon Metropolitan City, Nam-gu, and began to manufacture machinery and parts processing business after registering the business under the name of “I” and “E.”

C. After that, the plaintiff A and E moved the I's place of business to the Nam-gu Incheon Metropolitan City J, and Eul leased the above location of the factory from K on April 25, 2006 and operated I at this point (E completed the report of change of business registration on June 19, 2006).

E was used as brain cerebrovascular around August 2009 and was unable to operate the business, the plaintiff A and E changed the business name to the plaintiff B, the wife of the plaintiff A, and changed to the "D" on August 27, 2009.

After that, the defendant succeeded to the status of E around December 2010, and changed the name of D to the defendant on April 11, 201.

E. Meanwhile, in the instant case on December 13, 2011, the Defendant appears to have been dismissed on January 3, 201 by Plaintiff A and the Defendant (the Defendant asserted that Plaintiff A was dismissed on or around January 3, 2012). However, in light of the evidence No. 6, the date of dismissal alleged by Plaintiff A and the Defendant appears to have been erroneous.

Plaintiff

A was dismissed on December 31, 201, Plaintiff A, along with Plaintiff B on December 31, 201, stolen machinery equivalent to KRW 212,00,000,000 in total of market prices, such as a NCing machine installed within D 1 factory, and attempted to steals total market prices of KRW 233,00,000,000 in total, such as a braceing machine installed within the secondary factory, and was discovered to the employees and attempted to commit.

The Plaintiffs were prosecuted for the above facts constituting the crime and on October 11, 2012, Plaintiff A was punished by imprisonment with labor for August 8, 201.

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