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(영문) 서울중앙지방법원 2015.05.21 2014가합541629
합의금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff and the defendant are siblings relationship, and the defendant is the representative director of C Co., Ltd. (the company of this case was changed from D on June 1, 2009; hereinafter "the company of this case"), and the plaintiff was the factory head of the company of this case.

B. On February 2010, the Plaintiff agreed to receive KRW 1 billion from the Defendant or the instant company on the condition of retirement from the instant company (hereinafter “instant agreement”).

C. The deposit account in the Plaintiff’s name (CF) was deposited in the name of the instant company, employees of the instant company, or business partners, with almost KRW 10 million per month from March 2010 to KRW 20 million per month.

On the other hand, on October 29, 2007, with respect to the land of 2,898 square meters (hereinafter “the instant real estate”) that had been registered in the name of Nonparty F, the registration of ownership transfer was completed on July 6, 2007 with respect to the land of 2,89 square meters (hereinafter “the instant real estate”). On October 11, 2010, the instant real estate was divided into 1,189 square meters prior to H and 1,709 square meters prior to G, and the land of 1,709 square meters prior to subdivision (hereinafter “G land after subdivision”) on October 19, 2010, the registration of ownership transfer was completed on October 9, 2010 on the land of 1,709 square meters prior to subdivision.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 8 (including branch numbers, if any) and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion and the Defendant had established and operated the instant company as well as the instant company while doing business of selling dry fish products from around 1985 to the same business.

On February 2010, the plaintiff and the defendant paid KRW 1 billion to the plaintiff on the condition that the plaintiff withdraws from the partnership relationship with the defendant with respect to the operation of the company of this case, on condition that the plaintiff withdraws from the partnership relationship with the defendant, and among them, KRW 500,000,000 per month or KRW 20,000 per month shall be paid in cash, and the remaining KRW 50,000,000 shall be paid in installments.

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