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(영문) 서울남부지방법원 2019.07.18 2018가단259088
정산금 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff invested KRW 30,000,000 between C and the Defendant for the Defendant’s business, and agreed that the Plaintiff and C shall receive a share of KRW 1/3,00,000 for each of the business profits, thereby withdrawing from the undisclosed association.

Therefore, the Defendant asserts that the Plaintiff is obligated to distribute KRW 26,900,236 equivalent to 33/100 of the total amount of 81,515,868 won in the year 2014 and 2015, and to return KRW 24,934,315 out of the value of the Defendant’s property for business use at the time of withdrawal 75,558,530, out of KRW 33/100.

2. Comprehensively taking account of the overall purport of the arguments in the statement Nos. 2-1, 2, and 3 of the evidence No. 2-1, 3,000 of the Defendant’s shares of E Co., Ltd., for which the Defendant’s son held office as representative director around May 6, 2013, it is recognized that the Plaintiff and C acquired 3,300 shares of the total shares of E.

However, it is insufficient to recognize that the Plaintiff entered into an anonymous association agreement as alleged in C and the Defendant solely with the foregoing facts and evidence No. 6, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's above assertion is without merit to examine further.

3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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