logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.12.12 2018가합111951
약정금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are married couple, and Defendant C is the mother of Plaintiff A and the pro-Japanese relationship of Plaintiff B. Defendant D is the wife of Plaintiff A and the South-win relationship of Plaintiff B.

B. On August 18, 2014, Defendant C purchased 2,500 shares out of 5,000 shares issued by H (i.e., I, J, and hereinafter “H”) located in the F Building G located in Songpa-gu Seoul Metropolitan Government, Songpa-gu, Seoul.

C. The Plaintiffs worked in H from November 18, 2014 to October 31, 2016.

Plaintiff

With the conflict between A and Defendant D, the Plaintiffs were suspended from performing their duties in H, and the Plaintiffs and the Defendants drafted a joint agreement with the following contents on March 2018.

Payment of K benefits on March 10. The settlement is completed by no later than May 2, 2000, 115 million won until the settlement date of H Business Transfer Funds. The settlement is made by no later than May 2 of the amount deducted from K benefits. The settlement is made by no later than May 2 of the amount deducted from K benefits.

(2) Each entry and the purport of the whole pleading

2. Summary of the parties’ assertion

A. The Plaintiffs and the Defendants were in a relationship in which H was operated as a partnership with the Defendants, and thereafter, they were forced to withdraw from H’s partnership with H. Accordingly, the Defendants are obligated to pay to the Plaintiffs the amount of KRW 616,445,483, which corresponds to 1/2 of H’s business gains, and the delay damages therefrom.

B. Defendant C and L own 50% of the H shares, and independently operated the respective H space by using 1/2.

The part of H-1/2 operated by Defendant C is only the business of Defendant C, not the business with the Plaintiffs. Thus, the Plaintiffs’ claims based on the premise that the Plaintiffs and H were operated as a partnership business do not exist.

3. In addition to the aforementioned evidence, Gap evidence 7, Eul evidence 9, and Eul evidence 3, the whole purport of the pleadings is examined. ① The plaintiff Gap takes the lead for the work of H at the auction place, etc. at the time when he works in H.

arrow