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(영문) 서울고등법원 2015.06.04 2014나2033817
구상금
Text

1. Of the judgment of the first instance, the part against the Defendants is revoked, and all of the Plaintiff’s claims against the Defendants are dismissed.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants’ entering into a partnership agreement 1) The Plaintiff and the Defendants, and the co-defendant D of the first instance trial (hereinafter “D”).

(3) On July 26, 2010, the term “instant gas station” means the instant gas station E (hereinafter referred to as “instant gas station”).

(B) The agreement to operate the gas station jointly with the name of “F gas station” (hereinafter referred to as “instant agreement to operate the gas station”).

The contents are as follows. ① The plaintiff, D, and the defendants shall invest 130 million won in each company and their shares shall be 25% in each company (Article 1). ② If a loss is incurred in the course of operating a gas station and following the resolution of the board of directors, the company shall be jointly liable if the loss occurred, and if the loss occurred voluntarily without the resolution of the board of directors, the responsible manager and the party causing the loss shall be fully responsible (Article 3). ③ From July 27, 2010 to July 27, 2010 until the contract of the same case is terminated (Article 4). ④ The plaintiff, D, and the defendants shall be appointed as the representative of the workplace, and the representative shall have the right and obligation to represent all acts necessary for the management of the gas station, and the representative shall have all civil and criminal liability for the operation of the gas station (Article 50 billion won) and the lease deposit between the plaintiff and the defendant 250 billion won (Article 500 million won).

3) Although the Plaintiff decided to appoint D as the representative of the workplace under the instant trade agreement, the Plaintiff became subject to business registration on July 27, 2010 with the trade name “F gas station” and began to operate the gas station of this case with the Plaintiff and D around that time. (B) The Plaintiff kept and sold pseudo petroleum products in the instant business establishment, and on November 8, 2010, kept and sold pseudo petroleum products at the instant business establishment.

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