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(영문) 수원지방법원 2016.08.25 2015가단113015
정산금등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, while operating the mobile phone manufacturing and manufacturing business in Hong Kong with the name of “C”, was managing the mobile phone peripheral devices, and formed a legal entity of KRW 100 million with the Defendant’s equity shares at around September 2009, with a 50:50,000 capital being determined as 50,000, and entered into a trade agreement with the Plaintiff and the Defendant’s joint representative to jointly engage in the business, including the supply of the mobile phone and distribute profits therefrom.

(hereinafter referred to as “instant trade agreement”). (b)

Pursuant to the instant business agreement, D Co., Ltd. (hereinafter “instant company”) was established for the purpose of manufacturing electric products, etc. with the amount of KRW 5,000 per share on October 5, 2012, the total number of issued and outstanding shares of KRW 20,000, total amount of KRW 100,000,000. At the time of the establishment of the instant company, the Plaintiff agreed to pay KRW 50,000,000 with the Defendant for the reasons that financial standing is difficult. At the time of the establishment of the instant company, the Defendant paid KRW 50,000,000, total of KRW 50,000 and KRW 50,000,000 with the Plaintiff’s share of KRW 10,000,000 with priority.

The plaintiff and the defendant are registered as a joint representative under the corporate register of the above company, and completed each registration of resignation on August 22, 2013, and on the same day the defendant registered as a representative director, and the plaintiff is registered as a director in-house.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 evidence, Eul evidence 1 and 2 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment as to the main claim

A. The plaintiff's assertion 1 is that the plaintiff is actually in partnership with the plaintiff and the plaintiff did not intend to grant management rights for the company's shares and joint representative director's shares in the company of this case, with 50:50 shares in the company of this case and the plaintiff has 50% of shares in the company of this case, and the plaintiff establishes a corporation of KRW 100 million in capital, and the plaintiff and the defendant become joint representative director.

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