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(영문) 인천지방법원 2014.12.30 2013가합34934
손해배상(기)
Text

1. The Plaintiff and the Defendant (Counterclaim Plaintiff) KRW 40,200,90 for the Plaintiff, and KRW 3,650,500 for the Defendant C and each of them on November 27, 2013.

Reasons

1. Basic facts

A. From July 1, 2008, the Plaintiff, Defendant B, and D operated the automobile correction expenses enterprise (hereinafter “instant enterprise,” and the business registration was made in the name of the Plaintiff) as the partnership business (hereinafter “instant partnership business”).

B. At the time of the commencement of the business partnership of this case, the Plaintiff contributed to KRW 60 million for lease deposit and KRW 50 million for premium, and received certain interest from the company’s profits. Defendant B, in substance, intended to play a role of “factory site” in operating and managing the company of this case. D agreed to replace the vehicle’s parts and various parts, and made oral agreements to receive the same benefit by equally dividing the profits of the company of this case into two parts.

C. The specific accounting work of the instant company was conducted exclusively by Defendant B, who is the director of the factory, and Defendant C, who is the accounting staff of the instant company. The office work account is ① A bank account (Account Number G) in the name of the FF Motor Vehicle Industrial Company, which is the transaction account for the repair items requested by the insurance company, ② A bank account in the name of Defendant B, which is the transaction account for the general repair items requested by individuals, ③ A used for the transaction account in the name of the Defendant B, which is the transaction account for the commercial repair items requested by the individual, ③ A used a used car seller account in the name of a used car I (the I account in the name of the I was recorded as an employee in the form of I and was used again as the payment of the benefits

D withdrawn from the instant partnership business around September 2010, and the Plaintiff and Defendant B, while maintaining the partnership business, Defendant B withdrawn from the instant partnership business around January 18, 2012, and Defendant C also retired from the instant partnership business around January 2012.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 8, witness D's partial testimony, the purport of the whole pleadings

2. The claims against the principal office.

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