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(영문) 서울서부지방법원 2016.02.05 2014가단36941
투자금
Text

1. The Defendants jointly committed against the Plaintiff KRW 18,830,192, and KRW 1,830,192 among them, as from June 20, 2014, and KRW 17,00.

Reasons

1. Facts of recognition;

A. On June 25, 2013, the Plaintiff, Defendants, and E entered into a contract with the Plaintiff, Defendants, C, and E to operate G from Seongbuk-gu Seoul (hereinafter “instant store”) as a partnership business with the share of 22.5% and investment rate of 10% by Defendant D, respectively (hereinafter “instant partnership contract”).

The plaintiff, the defendant B, C, and E invested 40,50,000 investment capital, and the defendant D agreed to provide technical services, such as domain new development.

The overall operation and management of the store of this case was to be entrusted by Defendant B.

B. On April 1, 2014, the Plaintiff transferred part of its share to Defendant B, and the Plaintiff’s share became 21.25%.

In addition, due to the conflict of opinions between the partners, E withdrawn from the instant partnership relationship around May 24, 2014.

On May 19, 2014, the Plaintiff did not receive the dividend payment, and withdrawn from the partnership business relationship on June 19, 2014.

The dividend amount from May 2014 to June 19, 2014 to the Plaintiff is KRW 1,830,192.

Grounds for Recognition: Facts without dispute, Gap 1, 2-1, 2, Gap 11, and Eul 2, the purport of the whole pleadings

2. Where a certain partner withdraws from a partnership relationship, accounts between the withdrawing partner and the other partner should be based on the status of partnership property as at the time of withdrawal.

In this case, it is unclear that the value of the store of this case, which is a union property at the time of the Plaintiff’s withdrawal ( June 19, 2014) other than the deposit deposit 30,000,000 won for the store of this case where there is no dispute between the parties. However, in light of the above guaranteed amount and the sales of the store of this case and the initial amount of investment of the Plaintiff and the Defendants, etc. as indicated in the argument of this case, it appears that the premium of this case is equivalent to KRW 50,00,000 as claimed by the Plaintiff. Thus, the value of the store of this case

Therefore, the amount of shares to be returned by the Defendants is KRW 17,00,000 ( KRW 80,000,000 x 21.25%).

On the other hand, Defendant D made an investment in technical services instead of cash and received 10% equity shares, and Defendant D at the time of withdrawal of the Plaintiff.

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