logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원경주지원 2014.09.23 2013가단839
정산금
Text

1. The Plaintiff (Counterclaim Defendant)’s claim on the instant principal lawsuit and the Defendant (Counterclaim Plaintiff)’s claim on the instant counterclaim.

Reasons

1. Basic facts

A. Nonparty E is the trade name of “F”, Defendant B is the trade name of “G”, Nonparty H is the trade name of “I stock company,” Defendant C and D are the trade name of “J”, and Defendant C and D are the mutual names of “J”.

B. On September 2010, Defendant B, Nonparty E, and H entered into a partnership agreement with each of them to jointly operate the consignment agency of the Plaintiff, which they operated in accordance with the integrated management policy of the Plaintiff’s consignment agency (hereinafter “instant partnership agreement”). Around September 2010, Defendant B, E, and H invested KRW 10 million in each of them and established the Plaintiff, and the Plaintiff’s burden of expenses incurred in the Plaintiff’s operation and distribution of profits depending on their business performance (hereinafter “instant partnership agreement”).

C. Defendant B, Nonparty E, and H established the Plaintiff on September 6, 2010 pursuant to the instant trade agreement, and Defendant B assumed office as the Plaintiff’s auditor, Nonparty E’s representative director, and Nonparty H as the Plaintiff’s internal director.

On September 13, 2010, Defendant B, Nonparty E, and H concluded a consignment agency contract with the Plaintiff under the name of the Plaintiff, and thereafter made all transactions between Defendant B, Nonparty E, and H under the name of the Plaintiff.

E. Defendant C and D participated in the instant partnership agreement by investing KRW 10 million from March 201 to March 201.

(1) Defendant C and D asserted that they did not participate as members of the instant partnership agreement, but are merely subordinate agents operators of the Plaintiff, but there is no evidence to acknowledge them. Rather, according to the Plaintiff’s evidence No. 3, Defendant C signed and sealed the Plaintiff’s temporary meeting minutes of October 16, 2012, and Defendant D also recorded them in the above meeting minutes. (f) However, following the withdrawal of the integrated management policy of the entrusted agency around March 2012, the instant partnership agreement was actually terminated.

[Ground for recognition] A.

arrow