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(영문) 부산지방법원 2017.09.15 2017가단4771
배당금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 27, 2004, the Plaintiff entered into a partnership agreement with C Co., Ltd. (the representative director, Defendant, hereinafter “Nonindicted Company”) to jointly operate the business in question and the business in question (hereinafter “instant business”). The Plaintiff invested KRW 150 million with its partner deposit, and the outstanding amount of KRW 130 million with the business in question is recognized as the joint fund of the Plaintiff and the Nonparty Company. The Plaintiff agreed to contribute the investment funds, such as the operating expenses of the business in question, to contribute to the ratio of KRW 50:50,000 to the ratio of KRW 50,000 from the Plaintiff and the Nonparty Company, and to distribute the profits generated from the said joint business in proportion to 50:50,000 after mutual consultation.

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. The plaintiff alleged that the defendant agreed to pay KRW 30 million to the plaintiff as dividend if he invests KRW 150 million in the business of this case on October 2004, and that the plaintiff invested KRW 150 million in the business of this case at around that time, the plaintiff sought payment of dividends of KRW 30 million to the defendant, but the evidence submitted by the plaintiff alone is insufficient to acknowledge the above argument of the plaintiff. The plaintiff's claim is without merit without any need to further examine.

(As seen earlier, since the other party who entered into a partnership agreement on the instant business is the non-party company, the subject of rights and duties relating to the instant business is the non-party company, and the non-party company is dissolved on December 1, 2015, the defendant, who was the representative director of the non-party company, cannot be deemed to succeed to the rights and duties pursuant to the said partnership agreement, merely because the non-party company was dissolved on December 1, 2015, and there is no evidence to acknowledge the fact that the defendant agreed to pay dividends to the plaintiff separately from the above partnership agreement). Therefore, the plaintiff's claim

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