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(영문) 서울북부지방법원 2018.12.13 2018가단110773
투자수익금청구
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. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established for the purpose of manufacturing clothes and wholesale and retail business on April 10, 2007. Defendant C is the representative director of the Defendant Company, and the Plaintiff is a person who retired from office around October 20, 2017 while serving as the head of production management department of the Defendant Company.

B. The Plaintiff remitted total of KRW 20 million to Defendant C’s bank account, KRW 16,00,000 on April 16, 2007, and KRW 10,000 on May 2, 2007.

C. The Plaintiff received each transfer of KRW 90 million from Defendant C on August 1, 2017, and KRW 19,220,620 from Defendant C on November 30, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 3, each entry of 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff alleged that the above three persons acquired the business rights of the defendant C and D and made an clothing trade business. However, 51% out of the acquisition fund of 120 million won is the defendant C, 33% is the plaintiff's investment, and 16% is the plaintiff's profit in accordance with their respective investment rates. The plaintiff established the defendant company on April 10, 2007 and invested 20 million won in total on May 2, 2007 and 20 billion won. The plaintiff is jointly and severally liable to pay 2.7 billion won from April 10, 2007 to April 10, 2007 to the defendant 2.7 billion won after deducting the profits of the defendant company from the above 1.6 billion won, 2.7 billion won from the profits of the defendant company, 1.7 billion won from April 10, 2007 to April 10, 2017.

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