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(영문) 서울중앙지방법원 2021.03.16 2019가단5256054
지분금반환청구
Text

1. The Defendant paid KRW 26,124,307 to the Plaintiff the amount of KRW 5% per annum from November 15, 2019 to March 16, 2021.

Reasons

Basic Facts

On December 2, 2010, the Defendant opened his personal business (hereinafter “C”) with the trade name “C”, which runs the interior design and construction business, and the location of the “C” is “Seoul Mapo-gu building and fourth floor F.”

On December 4, 2014, the Defendant and her husband established a corporate body (hereinafter “non-party company”) with capital of KRW 5 million for spatial design, interior design construction, etc., under the trade name “C” (hereinafter “non-party company”).

Since the incorporation of the non-party company, the shares issued by the non-party company were owned by the defendant 100% until now, and the representative of the non-party company and the auditor were registered as D.

The first location of the headquarters of the non-party company was the Yongsan-gu Seoul Metropolitan Government G, and was changed on May 11, 2015 to the Seoul Mapo-gu H and the second floor, and was changed on April 2, 2019 to the Seoul Mapo-gu E and the fourth floor.

On July 27, 2015, the Defendant registered the Plaintiff, who is a part of the university, as a joint business proprietor (50% equity) of the “C”, and on May 2, 2019, registered the Plaintiff as a joint representative director of the non-party company.

[Grounds for recognition] In the absence of dispute, the evidence Nos. 1, 2, 7, and 10 were written, and the facts about the head of the Mapo Tax Office of this Court were examined (order for submission of financial data). The Plaintiff asserted the purport of the entire pleadings and the Defendant, from January 2015, concluded an agreement between the Plaintiff and the Defendant that one half of the profits and losses of the “C” of the individual business chain from January 2015, and entered into the same business. On October 2018, the Plaintiff and the Defendant agreed to take over the non-party business chain, which is the Defendant’s husband, and take over the non-party business from the Defendant’s husband, as the joint representative director, take the office of the Plaintiff and the Defendant, and bear half

Nevertheless, the defendant did not comply with the promise to give 50% of the shares of the company to the plaintiff, and did so from time to time by infringing the plaintiff's character.

Accordingly, the plaintiff will withdraw from the partnership relationship.

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