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(영문) 서울고등법원 2018.08.23 2017나2037421
퇴직금 등
Text

1. Of the part regarding the principal lawsuit in the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) C is revoked, and that part is revoked.

Reasons

1. Basic facts

A. 1) The parties concerned are corporations engaged in the manufacture and sale of electronic parts. The plaintiff Eul is the representative director of the plaintiff Eul. 2) The defendant C is a corporation engaged in the development, manufacture, sale, distribution, etc. of information and communications devices, and the defendant D is the representative of the defendant C's in-house director.

B. On May 11, 2010, Plaintiff A’s establishment Plaintiff B and Defendant D et al. established Plaintiff A as a partnership business. At the time, the representative director was registered as Plaintiff B’s reference.

C. Defendant C’s account in the name of Plaintiff A, withdrawal from Plaintiff B, etc.) Defendant C’s corporate bank account in the name of Defendant C (hereinafter “Defendant C account”).

() On October 31, 2012, KRW 200,000 was deposited in the Plaintiff’s name on the same day, and KRW 200,000 was deposited in the Plaintiff’s name on November 1, 2012, and KRW 200,000 was deposited in the Plaintiff’s name on the same day, and KRW 101,576,245 was deposited in the Plaintiff’s name on November 2, 2012, and KRW 102,00,000 was deposited in the Defendant’s account in the Plaintiff’s name on the same day. (ii) On December 3, 2012, KRW 302,00,000 was deposited in the Plaintiff’s name on the same day.

3) On April 30, 2013, Plaintiff A deposited KRW 31 million in the name of Plaintiff A in the account under the name of Plaintiff A. On April 30, 2013. On April 30, 2013, Plaintiff A deposited KRW 31 million in the said account from April 10, 2013 to Defendant D. D. The Plaintiff’s supply of goods to Defendant C supplied Defendant C with goods equivalent to KRW 9,250,450 in total from June 11, 2013 to July 1, 2013. E. Plaintiff B, Defendant D, and E, and F prepared a partnership agreement with Plaintiff B and Defendant D, including the following terms and conditions on December 12, 2012:

b) draw up the text of Article 2 (Purpose of Contract). At the time of the establishment of the Plaintiff A, three business entities (based on the matters discussed between the Plaintiff B, Defendant D, and F) shall pursue sustainable prosperity.

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