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(영문) 의정부지방법원 2017.11.15 2016가합54251
정산금 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties is that the Plaintiffs are engaged in the business of entering into and processing smartphone-free protection glass and supplying them to Non-Party D Co., Ltd. (hereinafter “D”) operated by the Defendant, and D is a company that carries on the business by delivering the above goods supplied by the Plaintiffs to Non-Party KALBAS HI LITD (hereinafter “kkbs”).

B. Conclusion of the instant agreement and establishment 1 of E) The Plaintiffs and the Defendant are new corporations E (hereinafter “E”) to improve profitability.

A) Establishment of a company and joint operation are to be made by the Defendant. The Defendant invested capital in the company as the representative director, and is to take charge of general administration, business, trade, and accounting affairs as the representative director, and the Plaintiffs are engaged in production, purchase, management, development, and quality control affairs. As profit distribution, each of the Plaintiffs is to distribute 20% and 60% to the Defendant, respectively (hereinafter “instant agreement”).

(2) Pursuant to the instant agreement, the Plaintiffs and the Defendant accepted 12,000 shares of total issued stocks, and each of the Plaintiffs established E on July 17, 2015, respectively, by acquiring 4,000 shares, and completed business registration for E on July 21, 2015.

C. On the other hand, E has been engaged in business only until December 31, 2015, and thereafter has been suspended.

According to the income statement from July 21, 2015 to December 31, 2015, E and D’s financial statements: (a) sales amount of KRW 1,691,143,80; (b) sales amount of KRW 1,442,947,96; (c) sales expenses and management expenses of KRW 110,303,768; and (d) sales amount of KRW 137,892,06; (b) sales amount of KRW 1,691,143,80; (c) sales amount of KRW 1,42,947,966; and (d) sales and management expenses of KRW 110,303,768; (c) sales and management expenses of KRW 12,80,064; (d) business expenses of KRW 235,948,613; and (e) profits and losses from KRW 85,1768,2848; (36) business expenses;

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