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(영문) 인천지방법원 2016.11.09 2015가단32065
손해배상(기)등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C, D, and the Defendant jointly establish and operate the “E” on April 7, 2012 (hereinafter referred to as the “first business partnership agreement”)

1. Investment Costs and equities Decision 1-1. Equity Interest Decision 40% (C), 30% (D), 30% (Defendant) 1-2. Investment Costs: 40,000, 3000 won (C), 30,000,000 won (D), 30,000,000 won (Defendant)

5. The monthly salary of 5-1. The amount of monthly salary shall be proportional to shares on the date of allocation of the monthly salary and profits.

5-2. It shall distribute profits through a meeting once in two months.

5-3. After six months of business registration, it will take a fixed monthly salary every month.

5-4. If corporate economic circumstances are difficult, monthly payments may be deferred through a third-party meeting.

6. Additional investments and loans 6-1. In cases of additional investments, an amount proportional to shares shall be additionally invested;

6-2. In cases of receiving a loan, the debts for the loan shall be proportional to shares;

B. On December 12, 2012, C, D, and the Defendant drafted a contract for the termination of the business partnership (Evidence No. 4) with the content that the Defendant would terminate the first business partnership agreement and, on the same day, would jointly operate the “E” between C, Defendant and D’s wife F (hereinafter “the second business partnership agreement”) with the same content as the evidence No. 5 and the first business partnership agreement.

However, the actual parties to the second partnership agreement were C, D, and the Defendant.

C. C, D, and the Defendant, on June 12, 2013, decided to terminate the second operating agreement, drafted a contract for termination of the same business with the following content (Evidence 1).

1. When a equity business is terminated, all equity interests in the E shall belong to C.

3. 3-1. M projects and all the rights of M project software shall belong to C.

3-2. All the rights of the S-Marler shall belong to the defendant;

4. The 4-1. The date of the termination of the partnership will be 4-1. The date of the partnership will be the first time and the amount receivable of the Puss will be recovered and the outstanding amount will be recovered.

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