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(영문) 서울중앙지방법원 2012.10.31 2012가합501009
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B, C, and D concluded a partnership agreement and operated Cheongsan and Cheongsan, Gangnam, and New Village, and around March 2005, the Plaintiff sought to open the Esanbu and Magdong, and the Magdong store. From March 2005, the Plaintiff worked as the head of Esanbu and Magdong store as the monthly-level doctor.

B. On January 15, 2007, B established F Co., Ltd. F (hereinafter “F”) for the purpose of supporting the management with Esanbu, etc., and G, the wife B, as the head of F, was in charge of the accounting and tax affairs of the said union. Article 29(1) of the articles of incorporation of the said association provides that “The distribution of profits is distributed according to the equity ratio after deducting the portion of expenses, such as the accumulation of taxes and public charges accrued from the association from the aggregate amount of income generated from the association.”

C. D withdraws from the above partnership in around 2007, and B proposed a contribution to the Plaintiff, H, and I, who was a monthly-level doctor, and thus, the Plaintiff, H, and I concluded a partnership agreement with B and C on March 2007, and subsequently, invested KRW 420,000,000, respectively, to acquire 7% shares of the partnership.

The J, upon joining the above union around September 2007, acquired shares of B62%, C10%, Plaintiffs, H, I, and J 7%, respectively, in relation to the above union. The above union members operated their respective Esanbu and Cheongbugrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrg

B, around January 2008, the Esanbu, Masan, Red, Gangnam 2, and the closing point were opened, and the above union was dissolved on January 2010 as a result of the dispute between the above union members, and the plaintiff, H, I, and J transferred their shares to B and worked as a monthly wage from February 2010.

During that period, the Plaintiff entered into a partnership agreement with the Esanbu and the Esanbu in June 2010 to have the Plaintiff 49% and B 51% shares (Article 4(1) of the contract), and distributed 50% of net income (Article 5(1) of the contract), and related to the operation of the hospital.

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