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(영문) 창원지방법원 2017.12.14 2016가단108116
잔여재산분배 청구의 소
Text

1. Defendant (Counterclaim Plaintiff) B: (a) KRW 48,473,858 against the Plaintiff (Counterclaim Defendant) and its related amount from December 13, 2016 to December 14, 2017.

Reasons

1. Facts of recognition;

A. (1) On January 201, the Plaintiff and Nonparty E entered into a partnership agreement with the name of “G (hereinafter “G”) on the second floor of the F building in Changwon-si, Changwon-si, Seoul Special Metropolitan City (hereinafter “G”) to operate a beer store in the name of Plaintiff’s father, and began its business around that time.

(2) After that, Defendant B participated in the foregoing partnership business, and the Plaintiff, E, and Defendant B entered into a partnership business agreement with the content that the Plaintiff’s share of 50%, E 25%, and B 25% of the share of the Plaintiff on September 9, 2011.

(3) On February 1, 2012, the Plaintiff, E, and Defendant A concluded a partnership agreement with the content that the Plaintiff’s share of 10% (investment amounting to KRW 50 million), E’s share of 45% (investment amount to KRW 200 million), and B’s share of 45% (investment amount to KRW 200 million).

(4) On May 15, 2012, the Plaintiff, E, and Defendant A concluded a partnership agreement with the content that the Plaintiff’s investment amount is KRW 50 million, E’s investment amount is KRW 200 million, Defendant B’s investment amount is KRW 200 million, guarantee Defendant B’s 4 million per month in relation to the distribution of profits and losses, and that the Plaintiff and E shall divide the amount of the capital in proportion to the amount of the capital.

B. On November 2012, the Plaintiff: (a) expressed his intent to refrain from the above partnership agreement; (b) transferred the E’s share of KRW 45% from KRW 110 million; (c) Defendant B consented thereto; and (d) accordingly, the share of profit and loss under the above partnership agreement was changed to Plaintiff 5% and Defendant B 45%.

C. After that, around December 28, 2015, Defendant B transferred the instant store to Nonparty I for a premium of KRW 20 million, and received the payment, and the lessor B received KRW 100 million from Nonparty J. D.

With respect to the property at the time of the disposition of the instant store, the amount of KRW 4,594,257 was remaining in the account in the name of Defendant C, which had been operating funds of the instant store at the time Defendant B disposed of the instant store, and the amount of KRW 1,146,00,000 for unpaid rent on December 28, 2015 and KRW 4 million for unpaid rent on January 20, 2016, respectively, to the lessor J.

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