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(영문) 서울남부지방법원 2016.10.06 2015가단10107
정산금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 3, 2012, the Plaintiff, along with the Defendant living together with the Defendant and the Defendant’s Branch C, invested KRW 85 million in each of the instant Dong-gu, Gangseo-gu, Seoul (hereinafter “instant Dong-based”) with the Plaintiff and C, to operate the Defendant’s sales business and the Plaintiff’s accounting business, such as the management of passbooks, and entered into a partnership agreement with the Plaintiff and the Defendant to distribute the remainder of 1/2 (hereinafter “instant Dong-based agreement”), and operated the instant Dong-based enterprise after registering its business under C’s name.

B. On June 10, 2013, the Plaintiff returned KRW 85 million to C, and the Defendant transferred KRW 80 million to the Plaintiff on December 15, 2014 while operating the instant Dong company after completing business registration under the name of the Defendant on June 29, 2013.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The Plaintiff’s assertion was terminated. At the time of the dissolution of the Dong company of this case, the remaining assets of the Dong company of this case are KRW 60 million, premium of KRW 90 million, KRW 10 million, KRW 100 million, KRW 50 million, KRW 20 million, KRW 20 million, KRW 5 million, and KRW 5 million, KRW 9 million, KRW 500,000,000, KRW 200,000, KRW 500,000, KRW 2000,000, KRW 31,40,000, KRW 240,000,000, KRW 31,500,000,000, KRW 2.5 billion, and KRW 1,400,000,000,000, KRW 261,616,000,00,00,00 remaining assets of this case.

3. Determination

A. According to the facts found above after the completion of the instant partnership agreement, the instant partnership agreement is terminated, and it is under the Civil Act.

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