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(영문) 서울북부지방법원 2019.06.13 2017가단12308
배당금
Text

1. The Defendant each of the KRW 7,630,00 to the Plaintiff (Appointed Party), the Appointed C, and D, and KRW 14,050,00 to the Appointed E and each of them.

Reasons

1. Basic facts

A. The Plaintiff (designated parties; hereinafter “Plaintiffs”) and the designated parties (except in cases where individual designated parties are specially named, if both the Plaintiff and the designated parties are named, the Plaintiff’s “Plaintiffs” and the Defendant, as the successors of the network H, who were members of the G Union (hereinafter “instant association”), made an agreement on April 26, 2007 with the Defendant’s decision to register as the representative when taking over the qualification of H’s membership as the representative (hereinafter “instant agreement”), and the notary public was notarized by Law No. 1554 on April 15, 207.

(1) When the partnership sells the object of the partnership’s assets or distributes the cash possessed by the partnership to each partner, it shall, without delay, divide and distribute to six (6) persons (Plaintiffs and Defendant) the money received from the Defendant when it receives and distributes it to six (6) persons.

(1)(2) The net H Partnership assets shall be divided and distributed in installments by 29 per cent, 29 per cent, 15 per cent, 15 per cent, 9 per cent, 30 per cent, respectively, of the defendant and the selected parties.

(Paragraph 5). (b)

The Defendant received KRW 70 million (hereinafter “the primary dividend”) from the instant partnership as dividends, and agreed with the Plaintiffs to distribute KRW 30 million among them, and received KRW 77 million (hereinafter “the second dividend”). In 2016, the Defendant received KRW 77 million (hereinafter “the second dividend”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendant calculated the amount paid by the Plaintiffs in the amount corresponding to the Plaintiffs’ share out of the primary dividends of KRW 30 million and KRW 77 million, a total of KRW 17 million, from which the amount was paid by the Plaintiffs in accordance with each of the instant agreements, i.e., the amount of KRW 7,630,000 for the Plaintiff, SelectionD, and C (i.e., KRW 17 million x KRW 9% - KRW 9% - KRW 2 million), for the Selection E (i.e., KRW 14,50,000 for the Selection, KRW 15% - KRW 15 million - KRW 2 million); KRW 17,030,000 for the Selection F x KRW 17 million 29%.

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