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(영문) 인천지방법원부천지원 2015.02.13 2013가단11715
수익금지급
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 Plaintiffs and the Defendant: (a) around July 16, 2009, sold the D Building 202 and 204 (hereinafter “instant real estate”) in the name of Plaintiff B by contributing the price to each of the Plaintiffs 1/4; and (b) the Defendant contributed the price to each of the shares of 1/2.

B. The Defendant completed the business registration of the trade name “E” in the name of the Plaintiff A, and carried on the instant real estate from September 2009 to January 2012.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The gist of the plaintiffs' assertion made an agreement with the plaintiffs to operate the singing rooms with the plaintiffs as "E" (hereinafter "the instant singing rooms") and to distribute the above profits to the plaintiffs in proportion to their respective shares. The defendant asserts that the defendant is obligated to pay KRW 20,909,550 corresponding to the plaintiffs' shares among the total profits of KRW 83,638,267 from September 2009 to January 2012.

B. According to the evidence Nos. 1, 2, 13, 14-1, 1, 2, 15, and 16-1, each of the following circumstances are acknowledged, even though the Defendant and the Plaintiffs (or the Defendant’s husband F) jointly paid part of the Defendant’s share of the interest on the real estate of this case, G factory and HJ loan in which the Defendant and the Defendant (or the Defendant’s husband F) jointly purchased from the profits from the instant singing, the following facts are acknowledged: (a) it appears that from July 201, the Plaintiffs permitted the Defendant to pay the lender from the profits of this case; and (b) it appears that the Defendant was subject to a disposition by the Defendant against the Defendant, and both the Plaintiffs’ appeal or appeal was dismissed; and (c) it was dismissed.

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