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(영문) 대구지방법원 2013.09.26 2010가합11488
동업관계확인등
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit shall be.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On July 2002, the Plaintiff and the Defendant established and jointly operated a “C”, which is an individual company for communications equipment business, etc., and entered into a partnership agreement with the content of share sharing, share distribution, and profit distribution at the rate of 50:50 (hereinafter “instant partnership agreement”), and operated both after opening a business on July 20, 202.

B. The Plaintiff and the Defendant purchased the instant real estate on November 11, 2005 and completed the registration of ownership transfer each of 1/2 shares on the 29th of the same month, and used it as C’s office after completing the new registration on September 3, 2009 (the share ratio of Defendant 99/100, Plaintiff 1/100), and used it as C’s business vehicle.

C. Among them, the Plaintiff filed the instant lawsuit against the Defendant on November 1, 2010, when there was a dispute regarding the operation, etc. of C between the Plaintiff and the Defendant. On the date of pleading on December 9, 2010 and December 1, 2010 and December 23, 2010, the Plaintiff stated that “the instant Dong business was terminated on October 30, 2010,” and the Plaintiff’s attorney stated that “the Plaintiff left the Dong business of this case” (hereinafter “the Plaintiff’s agent’s withdrawal statement”). The Plaintiff’s withdrawal statement was called “the instant withdrawal statement”).

Meanwhile, the Plaintiff filed a criminal complaint against the Defendant on April 26, 201 by embezzlement of approximately KRW 1.1 billion, but on October 25, 2011, the Plaintiff rendered a final decision against the Defendant that he/she was suspected of committing a crime (No. 2011 type No. 25405 of the Daegu District Prosecutor’s Office). The Plaintiff’s application for a ruling against this was dismissed on May 10, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 10, 13, 17 (including numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 14, 19, 24, 25, 57, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1 is within the meaning of confirming that the base point of time for calculating the settlement amount of the instant partnership business was October 30, 2010.

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