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(영문) 의정부지방법원 2016.11.25 2015가단114685
청구이의
Text

1. The District Court Decision 2010Na20581 dated June 15, 2010 against the Plaintiff by the Defendant (Appointed Party) and the appointed parties.

Reasons

1. Basic facts

A. The plaintiff is called the chain business, the network's name after D: E: hereinafter referred to as "the network" under the trade name of "C".

is an individual entrepreneur who engages in meat product business.

B. On May 7, 2010, the Deceased filed a lawsuit against the Plaintiff for the payment of KRW 10,306,219 for the price of goods and the delay damages as the District Court Decision 2010 Ghana20581, and the said court rendered the instant decision of performance recommendation on June 15, 2010.

A. The decision on performance recommendation of this case became final and conclusive around that time.

C. On July 18, 2012, the deceased died, and the deceased’s wife F and the Defendant appointed party as the deceased’s wife, and hereinafter “Defendant”).

B, Selected G, and H inherited the deceased’s property. [The fact that there is no dispute over the grounds for recognition, the entries in Gap’s evidence Nos. 1 and 2, and the purport of the entire pleadings.]

2. The parties' assertion

A. The Plaintiff’s assertion and the Deceased decided to operate a franchise business in the name of “C” from September 201, and the Deceased did not pay dividends to be paid to the Plaintiff. The unpaid dividends exceed the Plaintiff’s debt amount based on the instant performance recommendation decision.

The plaintiff set off the claim based on the decision of performance recommendation of this case with the dividend payment that is not paid upon the service of the duplicate of the complaint of this case.

B. The Defendant’s assertion that all of the dividends against the Plaintiff was paid by the Deceased, and thus, the Plaintiff’s claim is unreasonable.

3. Comprehensively taking account of the evidence and the purport of the entire pleadings in each of the statements in the evidence and the evidence set forth in the evidence and the evidence set forth in the Eul Nos. 3 through 6 (including the virtual number), the plaintiff and the deceased are engaged in the franchise business in the name of "C" around September 201, and the plaintiff is engaged in the business of soliciting the franchise store. The deceased supplied food materials to the franchise store, supplied the food materials to the franchise store, and distributed profits among the goods paid from the franchise store to the plaintiff. The deceased shall pay dividends to the plaintiff out of the total amount of KRW 47,943,040, which shall be distributed to the plaintiff from December 201 to July 2012.

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