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(영문) 서울남부지방법원 2018.08.16 2017가합110770
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On February 10, 2014, the Plaintiff and the Defendants concluded a partnership agreement (hereinafter “instant partnership agreement”) in the name of D (the Plaintiff’s penalty number), Defendant B, and E (the Defendant’s spouse).

The main contents of the business partnership agreement of this case are as shown in the attached Form.

B. On February 12, 2014, Defendant B, etc. established the F Co., Ltd. for the purpose of manufacturing and selling home appliances, TV, and the manufacturing and selling business of computer parts pursuant to the instant business agreement (hereinafter “F”), and Defendant B was the representative director.

C. F ERP Enterrise Respath, “the full-time resource management system” or “the full-time integration system” means the weak, as the weak, for example, the entire-time resource management system or the entire-time integration system.

In the program, F's net profit in 2015 is 872,215,802 won, and net profit in 2016 is 3,348,935,594 won, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 7 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The instant partnership agreement is written as a party D and E.

However, since a person in charge of all acts under the instant trade agreement, such as the establishment and operation of F, from the conclusion of the instant trade agreement, is the Plaintiff and the Defendant C, the actual parties to the instant trade agreement are the Plaintiff and the Defendants.

B. Pursuant to Articles 2 and 8 of the instant trade agreement, the agreement between the Plaintiff and the Defendants with respect to the operation of F shall take precedence over the resolution of the board of directors and the general meeting of shareholders, and the determination of important matters related to the operation of F shall be made by the method of a

The Plaintiff and the Defendants agreed to operate F in the following manner:

① Defendant B shall take charge of taxation and accounting by taking charge of the representative director of F, and the Plaintiff shall take charge of raising funds and licensing for Chinese factories, and Defendant C shall take charge of raising funds and other duties.

② The Plaintiff and the Defendants are based on F around April 2017.

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