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(영문) 광주지방법원 2015.06.11 2013가합8719
대여금 등
Text

1. The Defendant’s KRW 5,00,000 as well as its annual 5% from October 26, 2013 to June 11, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant, who graduated from the same university, changed the trade name of the sex capital between the Plaintiff and the Defendant, while deciding to work together with I around December 2, 2010 in Gwangju Dong-gu and Gangnam-gu, Gwangju, and the Plaintiff and the Defendant, who agreed to work together with I, to work jointly with the same university. The Plaintiff jointly operated the sex capital.

B. On July 13, 2009, the Plaintiff, the Defendant, and the Defendant entered into a partnership agreement with the Plaintiff, and the Defendant to jointly purchase the Seo-gu G and six parcels (hereinafter “instant hospital site”) to build the hospital building, build the hospital building on the instant hospital site, sell, lease, and manage the hospital building, and distribute profits from the joint management of the building.

(hereinafter referred to as the “instant trade agreement”). (c)

On August 18, 2009, the Plaintiff, Defendant, and F established H under the instant trade agreement, including the establishment of H (hereinafter “H”), and H issued 30,000 shares per share of KRW 10,000 per share on the same day. The Plaintiff, Defendant, F, and their spouses acquired H shares of KRW 5,000 each, and the F was the representative director, the Plaintiff, and the Defendant appointed as the auditor.

After F’s withdrawal from the partnership, F voluntarily dismissed the Plaintiff and the Defendant from the partnership agreement of this case on the ground that the Plaintiff was appointed as H’s representative director under the condition that only KRW 230,220,000 was invested in accordance with the partnership agreement of this case.

E. After maintaining the partnership relationship between the Plaintiff and the Defendant, and the Defendant did not prepare a separate partnership agreement, but the Plaintiff and the Defendant decided to newly construct the hospital building in the instant hospital site as scheduled in the instant partnership agreement and distribute profits jointly.

F. The Defendant, after the date of establishment of H, was in exclusive charge of accounting management of the above E-type E-type and H from February 201.

[Ground of recognition] dispute.

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