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(영문) 창원지방법원통영지원 2016.09.27 2015가단8055
청산금
Text

1. The Defendants: (a) each Plaintiff KRW 2,19,00,00 per annum from November 20, 2015 to September 27, 2016; and (b) thereafter, KRW 5% per annum from September 20, 2015 to the Plaintiff.

Reasons

Basic Facts

On March 13, 2013, the Plaintiff and the Defendants agreed to jointly purchase the pertinent land in KRW 1.5 billion and jointly acquire shares in KRW 1.3 billion each, and agreed to the distribution ratio of profits and losses as 1/3.

On May 13, 2013, the transfer of ownership was registered on May 13, 2013, with respect to the Plaintiff’s share 1/3, the Plaintiff registered in Defendant B as a bad credit holder.

(Defendant B2/3, Defendant C1/3). The details of investments made by the Plaintiff and the Defendants are as follows:

Plaintiff

Around October 2014, E, etc. offered that the Plaintiff and the Defendants purchase the instant land at KRW 2 billion out of the amount of Defendant B’s cash KRW 500,000,000,000, KRW 250,000,000,000, KRW 7550,000,000, KRW 500,000,000,000, KRW 750,000,00.

Although several negotiations have been conducted, the Defendants did not comply with the purchase proposal.

On November 2014, the Plaintiff withdrawn from the partnership with the Defendants and received KRW 100 million as the settlement amount from the Defendants.

Until then, the Plaintiff has transferred KRW 200,000 per month to Defendant B with interest for KRW 500,000,000,000.

The Defendants sold and disposed of the instant real estate in KRW 2.4 billion to F on October 16, 2015.

[Ground of recognition] Facts without any dispute, Gap evidence No. 1, Eul's testimony, witness E's testimony, and the purport of the whole pleadings, at the time the plaintiff's assertion by the parties concerned is withdrawn from the partnership relationship, the value of the land of this case at the time when the plaintiff withdraws from the partnership relationship is 2 billion won. If the acquisition value is deducted, the profit is in excess of 500 million won, and if it is divided into 1/3, the plaintiff shall be paid 160 million won with the settlement amount.

In addition, there was an agreement that the Defendants shall pay to the Plaintiff KRW 166 million with the settlement amount.

However, the Plaintiff received only KRW 100 million from the Defendants, so the Defendants shall pay the remainder to the Plaintiff.

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