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(영문) 수원지방법원 평택지원 2021.02.04 2020가합8403
손해배상(기)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

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

Reasons

1. Basic facts

A. The Plaintiff is a trade union established with workers belonging to A (hereinafter “A”) as its members. Defendant B is a person who was in the position of the president of the Plaintiff’s association from October 2009 to September 30, 2015, and Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) is a company operating the automobile lubial oil sales business.

B. Defendant B entered into an investment contract on behalf of the Plaintiff with the Defendant Company to contribute KRW 600 million to the Defendant Company from June 1, 2011 to May 31, 2016, under which the term of the contract on June 13, 2011 was from June 1, 2011, and the Plaintiff entered into an investment contract with the Defendant Company. The Defendant Company: (a) paid monthly dividends equivalent to a certain ratio (2% to 4% according to the scope of sales amount) of the sales amount of automobile luent oil trading with A; (b) paid monthly dividends to the Plaintiff; (c) 24.2% of the dividend amount as corporate tax and resident tax; and (d) subsequently, the said investment contract changed the terms of the contract on February 20, 2013 to 2.4% of the sales amount; (d) changed to the scope of the sales amount to 25% of the dividend amount to 305% of the sales amount to 25% of the profits amount to 25.25% of the sales amount.

On May 31, 2016, the Plaintiff and the Defendant Company agreed to extend the contract term by May 31, 2018 and to extend the contract term automatically every two years if no separate intention of termination exists (hereinafter referred to as “instant contract”).

On May 8, 2016, Defendant B prepared and exchanged the following descriptions to the Plaintiff (No. 2, hereinafter “instant notes”).

Each creditor: The plaintiff He/she shall be the chairperson of the labor union for profit-making business of the plaintiff's full-time officer.

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