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(영문) 광주지방법원 2015.01.13 2014가단501454
사용료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 23, 2009, the Plaintiff established and operated the Environment-Friendly Agricultural Product Quality Certification Center under the name of D, and entered into a partnership agreement with the Plaintiff to own 51% shares and 49% shares, and to make profits distribution in accordance with the above ratio of shares. On November 14, 2009, the Plaintiff entered into an additional agreement with the name of the incorporated juristic person as “F farming association corporation (hereinafter “the instant juristic person”), specifying the name of the incorporated juristic person as “the instant juristic person”), and modifying the profit distribution ratio to 50:50.

B. On May 4, 2010, Defendant B transferred KRW 15 million to the Plaintiff, stating “a certification body acceptance” and “satisfe” in the description column of the person to whom the Plaintiff was sent.

C. G Co., Ltd. (hereinafter “instant company”) was established on July 22, 2010 with Defendant C, the wife of Defendant B, as the representative director.

On December 31, 2010, the instant company remitted KRW 10 million to the Plaintiff.

E. At present, the instant company is registered that Defendant C owns 51% and H, the Plaintiff’s wife, 49% shares.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 6, and 9, the purport of the whole pleadings

2. The parties' assertion

A. On April 26, 2010, Defendant B requested the Plaintiff to acquire 49% of the shares of the instant corporation owned by E. The Plaintiff received 15 million won acquisition price from Defendant B and paid it to E, and on May 10, 2010, the Plaintiff jointly established a new corporation with Defendant B and entered into an agreement with Defendant B to pay the Plaintiff KRW 10 million for the Plaintiff’s share fee. (2) The Plaintiff and Defendant B established the instant company on July 22, 2010 pursuant to the said agreement, and the Plaintiff transferred 2% of the shares temporarily to Defendant B so that Defendant B can operate the instant company.

3. After December 31, 2010, Defendant B paid KRW 10 million to the Plaintiff on December 31, 2010.

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