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(영문) 대구지방법원 2016.12.08 2014가합10070
배당금등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The gist of the plaintiffs' assertion is that the plaintiffs are "D" as the defendant and the partnership business (hereinafter referred to as "this case's partnership business agreement") and the businesses jointly managed pursuant to the agreement are "the business of this case".

A) The Defendant operated the business, and the Defendant did not appropriately distribute the profits according to each share ratio to the Plaintiffs. As such, the Defendant asserted that each of the non-distribution earnings was seeking payment of KRW 100 million, respectively. The specific arguments are as follows.

The main point of the plaintiffs' arguments is changing from time to time, and the process of changing the arguments is specified in detail as follows.

A) The Plaintiff A, the Defendant, E, and F established D around October 2004, and agreed to distribute the future revenues by receiving fees of 20% (10% successful bidder of 10%) of the successful bidder of the auction show goods. The Plaintiff A invested KRW 6 million, the Defendant, the E, the KRW 6 million, the KRW 6 million, and the KRW 3 million.

The percentage of shares in the Agreement on the Trade of this case was set as Plaintiff A20%, Defendant 50%, E 20%, and F 10%.

B) As a result of the Defendant’s exclusive business operation, E and F withdrawn from the instant trade agreement on March 4, 2006, and instead, around that time, Plaintiff B joined the instant trade agreement with an adviser worth KRW 100 million in cash and KRW 50 million in kind. At that time, the share ratio from that time became 20%, Defendant 45%, and Plaintiff B 35%. Thereafter, Plaintiff B withdrawn from the instant trade agreement around March 2010, and the share ratio thereafter became 20%, and Defendant 80%, respectively.

B. 1) The total amount of the successful bid price of the auction showable goods is 6,459. The total amount of the successful bid price of the auction showed goods is 6,459.

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