(영문) 의정부지방법원고양지원 2015.04.30 2014가합51718

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(영문) 의정부지방법원고양지원 2015.04.30 2014가합51718

이익배당금

Text

1. The Defendant’s KRW 121,248,40 and the Plaintiff’s annual rate of KRW 5% from March 5, 2014 to April 30, 2015, and the following.

Reasons

1. Summary of the plaintiff's assertion

A. A. A claim for the payment of dividends of KRW 139,138,060 is filed by the Plaintiff around April 2007 with the name of the Defendant and C, and the name of the “E” as “E” in heading 108 and 131, Goyang-dong, Young-gu, Busan (hereinafter “E Heading”).

A) The Plaintiff and C engaged in the same business, and the Defendant agreed to take part in the right holder of the right holder, and the Defendant was in charge of the operation of the safe guard. As of April 20, 2007, the Plaintiff invested KRW 120 million, the Defendant, and KRW 100 million, and KRW 40 million, in the safe guard. (2) The Plaintiff agreed to pay the Plaintiff the amount of money equivalent to 7% of the investment amount, instead of paying the amount of money calculated by deducting the expenses from the sales from the sales, from the Defendant at the time of the opening of the safe guard business, to the time of the establishment of the safe guard business. The Plaintiff agreed to pay the Plaintiff the amount of money equivalent to 7% of the investment amount, and received monthly payment from the Defendant from May 2008, and thereafter, the Plaintiff demanded the Defendant to increase the amount of dividends from May 2008 to May 2013.

3) Around February 2008, C withdrawn from the partnership. The Defendant returned C the investment amount of KRW 40 million to KRW 10 million, and paid KRW 50 million to C with its profit, and thereby, the Plaintiff and the Defendant’s share ratio of KRW 55:45; 4) but from April 2007 to April 2013, the actual profit of KRW 514,920,50 (total revenue of KRW 6,50,53,245 - Total revenue of KRW 6,435,632,740, KRW 208, KRW 209, KRW 2005, KRW 3065, KRW 2085, KRW 400, KRW 500, KRW 2005, KRW 6305, KRW 4005, KRW 600, KRW 7405, KRW 7400, KRW 505, KRW 2045, KRW 7405, KRW 205405.

(b)the Plaintiff and the Defendant claiming the return of 120 million won investment shares.

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