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(영문) 서울중앙지방법원 2017.02.15 2015가단38086
잔여재산분배
Text

1. The Defendant’s KRW 143,884,558 as well as 5% per annum from December 16, 2014 to February 15, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. From around 2008, the Plaintiff was engaged in the photographing business with the trade name of “D” by leasing the Gangnam-gu Seoul Gangnam-gu Seoul Underground 1st century.

나. 그 후 원고는 사회인 야구를 하다가 가까워진 피고와 2011. 1.경 동일한 지분비율 및 손익분배비율로 ‘E’(이하 ‘이 사건 동업체’라고 한다)라는 상호의 업체를 운영하고 ‘F’을 발행하는 사업을 동업하기로 약정하였고, 같은 해

3. 15. The title shall be issued and completed until the registration of a trademark or service mark shall be completed.

C. On October 31, 2014, the Plaintiff was likely to jointly maintain the partnership relationship with the Defendant, and the Defendant paid a settlement amount of KRW 250 million to the Plaintiff and terminated the partnership relationship, and the Defendant requested the Plaintiff to choose whether to deliver the instant partnership upon receiving KRW 250 million from the Plaintiff. The Defendant notified the Plaintiff to the effect that it is dismissed from the representative director of the Dong company as it is difficult to maintain the partnership relationship on December 2, 2014.

After that, on December 15, 2014, the Plaintiff withdrawn from the partnership relationship. On January 12, 2015, the Defendant received the settlement amount of KRW 50 million from the Plaintiff and proposed that the Defendant continue to operate the partnership of this case, and the Plaintiff paid KRW 250 million to the Defendant, but the Plaintiff filed the instant lawsuit without complying therewith.

E. The Defendant continues to operate the Dong company of this case after the Plaintiff’s withdrawal, and runs the publication of “F” and the relevant advertising agency.

F. On the other hand, the Plaintiff is running business such as photographing and content production after withdrawal from the partnership.

[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 5, Gap evidence 7 through Gap evidence 10, Gap evidence 14-1, 2, and Eul.

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