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(영문) 대전지방법원 공주지원 2018.10.17 2016가합20394
손해배상(기)
Text

1. The Plaintiff:

A. Defendant limited partnership C delivers a motor vehicle listed in the separate sheet;

B. The Defendants are the defendants.

Reasons

1. Basic facts

A. The Plaintiff’s acquisition of the Plaintiff’s limited partner’s right to share 1) Defendant limited partnership C (hereinafter “Defendant Company”).

(2) On June 5, 2012, the Plaintiff, while entering the Defendant Company, was a juristic person established for passenger transportation services, etc., and Defendant B is a general partner of the Defendant Company and a representative member of the Defendant Company. (3) Around June 5, 2012, when entering the Defendant Company, the Plaintiff acquired the share of the limited partner in the name of Party E in its wife D’s name. The Plaintiff obtained consent from Defendant B, the representative member of the Defendant Company, but did not complete the registration of the limited partner.

3) At the time, the Defendant Company was operating a taxi exclusively by directly bearing all expenses incurred in the operation, maintenance, and management of a specific taxi vehicle corresponding to its shares if the limited partner wishes, and was operating in the manner of acquiring as profit dividends the remainder after deducting management expenses, insurance premiums, etc. paid to the Defendant Company from the revenue from the revenue from the taxi operation. Accordingly, the Plaintiff acquired the share of the limited partner of the Defendant Company, after acquiring the share of the limited partner of the Defendant Company, acquired the operating revenue by exclusively operating the said G taxi (the change in the wife was the H) at approximately two years and six months.

In order to replace a taxi vehicle, the Plaintiff purchased I taxi (hereinafter “instant taxi”) on March 2015 and completed the registration of ownership in the name of the Defendant Company, and thereafter occupied the instant taxi and operated the taxi business.

B. On August 5, 2014, the Plaintiff: (a) on August 5, 2014, with respect to eight taxis owned by the Defendant Company, such as J, G, K, K, L, M, H, N, N, andO; (b) on the part of Defendant B’s children, P, a partner with limited liability of the Defendant Company, is the debtor; and (c) on the part of Defendant B’s children, the amount of the claim is KRW 280 million and registered under D’s name (hereinafter “instant joint mortgage”).

(b).

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