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(영문) 서울중앙지방법원 2018.07.12 2017가합533117
이익배당금 등 청구의 소
Text

1. The Defendant’s KRW 249,583,673 among the Plaintiff and KRW 204,583,673 among the Plaintiff, shall be KRW 45,00,000 from July 7, 2016.

Reasons

Basic Facts

On July 1, 1999, the defendant registered a business with the trade name "C" and operated a manufacturer of motor vehicle-related model, etc. (hereinafter referred to as "C").

Article 1 (Liability for Contribution by the Plaintiff) The Plaintiff’s obligation to make an investment of KRW 30,00,000 in cash has been completed by paying to the Defendant of the representative of C online at a bank account (company D) on December 27, 1999, and the certification shall be based on C’s equity shares and deposits without passbook.

Article 3 (Defendant's Business Management Obligation) The Defendant shall operate the above business with the care of a good manager, manage property, and faithfully perform all of its obligations against the Plaintiff.

Article 4 (Obligation of Defendant to Distribution Profits) The Defendant shall distribute the profits corresponding to 1/9 of the profits to the Plaintiff each year from January 1, 200 to the termination of the instant contract, and at the same time present the balance sheet to the Plaintiff.

In 199, the Plaintiff entered into a partnership agreement with the Defendant (hereinafter referred to as “instant contract”) that distributes profits arising from the management of the Defendant and C, and the main contents thereof are as follows.

On December 27, 1999, the Plaintiff transferred KRW 30,000,00 to the Defendant’s corporate bank account (D) according to the instant contract.

As the Defendant operated C from around 1999, there were the following annual benefits.

The amount for the year (won) year (2000 49,90,119 205,48,404 2001 9335,682,5662,582,882,882,141 201 538,64203 48,488,1412 415,580,272,27204 287,041,67204, 2072, 384, 3067, 384, 305, 207, 205, 47, 207, 205, 207, 204, 205, 206, 305, 206, 207, 307, 204, 205, 207, 2005, 2014

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