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(영문) 의정부지방법원 2019.09.26 2018나214280
임금 등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On February 10, 2014, the Plaintiff entered into a partnership agreement with C and D, the Defendant’s representative director (hereinafter “instant partnership agreement”).

Article 1 (Investment Obligations) On November 2, 2017, the Defendant changed the name of the company from “stock company G” to “stock company B” on November 2, 2017, G, which is located in the E and fifth floor F, Gyeonggi-do.

shall be invested to jointly manage the corporation.

Article 2 (Contributions) A (C) 235,000,000 won, Eul (Plaintiff) 200,000,000 won, Byung (D) 10,000,000 won, respectively.

Article 3 (Duty to distribute Profits) The distribution of profits among partners shall be made by Gap (C) to 52.94%, Eul (Plaintiff) to 45.06%, and Byung (D) to 2.00%.

Article 4 (Liability for Loss) When a loss has occurred due to the management of the business, Gap (C) and Eul (Plaintiff) shall bear the loss in proportion to the distribution of profit.

Byung (D) shall not participate in the management of the juridical person instead of being held liable for losses.

Article 5 (Recovery of Investments following Partial Termination of Partnership) If a partner intends to liquidate his/her relationship and recover his/her investment due to an individual's circumstances, he/she may not request liquidation for less than three years from the date of establishment for the self-reliance of the corporation.

Where a partner is liquidated due to an individual's circumstances since four years ago, the decision shall be made by Gap (C) and Eul (Plaintiff) under the agreement.

The time of investment and payment shall be determined in consideration of the financial status of the corporation.

B. On February 2014, the Plaintiff invested in the partnership agreement as stipulated in that agreement. The Plaintiff was registered as a shareholder holding 49,000 shares of the Defendant’s 100,000 shares (one share price of KRW 5,00), and was registered as the Defendant’s intra-company director around that time.

In addition, from February 25, 2014, the Plaintiff had a vice president in office with the position of vice president.

C. On February 10, 2017, upon the Plaintiff’s request, an agreement for termination of a partnership was concluded with C with the following content.

1. A(C) shall make an investment (00 million won) made by B (Plaintiffs) and a know-how (0 million won) who has been engaged in the same business for three years.

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