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(영문) 울산지방법원 2015.01.14 2014가합1733
정산금 등
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 1, 2007, the Defendant established a “C” as the representative of the Defendant, and thereafter, established D Co., Ltd. (hereinafter “D”) for the purpose of cargo transport and brokerage business on December 11, 2007, and completed the registration of incorporation on the same day, and appointed as the representative director.

B. On April 10, 201, the Plaintiff served as the captain in the above C and D, and retired on April 10, 201.

C. After withdrawal from the above D, the Plaintiff, around July 2007, invested more than half of the funds between the Defendant and the Defendant to jointly operate the freight forwarding business and jointly operate the freight forwarding business. However, the Plaintiff asserted that the business income entered into a partnership agreement with the content that the business income would be distributed later according to the said agreement, and demanded the Defendant to pay the settlement amount pursuant to the said agreement.

At the time, the Defendant’s wife E, who served as the above D’s accounting staff, had prepared the following settlement statement for four times from April 15, 201 to July of the same year, and immediately after preparing the first settlement statement, paid KRW 78,000,000 to the Plaintiff.

(1) The first settlement statement prepared by E is written that D’s earnings from the year 2008 to the year 2010 are KRW 235,706,169, and 50% of the above earnings are 117,853,084.

(2) The second settlement of accounts prepared by E include D’s earnings from 208 to 2010 won; D’s profits from 311,202,589 won; 50% of the above profits are KRW 155,601,294 won; the amount already paid to the Plaintiff is KRW 78,000,000; the amount used by the Plaintiff is KRW 123,277,970; and the Plaintiff’s card value is KRW 10,946,720.

(3) The third settlement statement prepared by E includes D’s revenue of 276,080,518 won from the year 2008 to the year 2010; 50% of the above revenue of 138,040,259 won; and the amount already paid to the Plaintiff is KRW 78,00,000,000, and the amount used by the Plaintiff is 117,157.

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