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(영문) 서울중앙지방법원 2016.06.24 2013가단5119467
이익잉여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B (hereinafter “Defendant corporation”) is a law firm established on May 17, 201, which was established on May 17, 201, and the Plaintiff is a member attorney-at-law, and the Plaintiff was also a member attorney-at-law working in Defendant corporation from May 17, 201 to March 31, 2012.

B. Defendant corporation’s operating method 1) In the internal case, the case fees, etc. received by each of the attorneys-at-law and accepted by each of the attorneys-at-law are used in the bank account in the name of each of the defendant corporation, not in the income of the defendant corporation, but in the name of each of the attorneys-at-law in the name of each of the defendant corporation. The amount of monthly contribution is paid to each of the attorneys-at-law in the name of each of the defendant corporation. In the external aspect, the fees, etc. paid by the attorneys-at-law in the name of the defendant corporation shall belong to the name of the defendant corporation in the form of the case, and the payment of the fees, taxes, insurance premiums, etc. shall be made in the name of the defendant corporation. 2) Members of the defendant corporation separately shared the taxes and expenses related to each of the case he accepted, the amount of KRW 300,000 per month, and made the defendant corporation

C. The Plaintiff, including the Plaintiff’s corporate account management, transferred the case’s fees, etc. that the principal accepted to the bank account under the name of the Defendant corporation, to his own personal account immediately, and accordingly, most of the money deposited to the Defendant corporation account managed by the Plaintiff was withdrawn.

[Ground for Recognition: Facts without dispute, Gap 1-3 evidence, Gap 11 evidence, Eul 1 evidence, Eul 4-6 evidence (including each number), the purport of the whole pleadings]

2. Determination:

A. The plaintiff's assertion is a monthly contribution by its members, including the plaintiff, etc.

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