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(영문) 대전지방법원서산지원 2015.03.04 2012가단12490
정산금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 2007, the Plaintiff asserted that the Plaintiff was the patentee of the instant grave box, and around July 2007, followed a business presentation session for the grave boxes in the presence of C representative director D, E, and F, and entered into a partnership agreement with D to take charge of the introduction and management of the business, and D to invest capital.

With respect to the settlement of profits under the partnership agreement, Plaintiffs 24%, D 52%, and E 24% were to be distributed. For the manufacture and sales business of seedlings boxes, the Plaintiff was established by the Defendant Company, and the representative director D was appointed as the auditor, and the Plaintiff began to work from October 2007 as the director.

On March 2012, D around the end of March 2012, 200 notified the Plaintiff of the fact that he did not wish to accumulate the business of the decedent of the decedent of the decedent of the decedent of the decedent of the decedent of the decedent of the decedent of the decedent of the decedent of the decedent of the decedent of the decedent. The Plaintiff requested from the Plaintiff to distribute the profit for the business performance from 2007 to 201, but the Defendant failed

According to the facts confirmed by the Plaintiff, since the total amount of profit for the business of a decedent for the above period is KRW 229,650,824, the Defendant is obligated to pay the Plaintiff KRW 55,116,198 calculated by the distribution ratio of 24%.

2. The key issue of the instant case is whether the Plaintiff entered into a partnership agreement with D and E.

Considering the following circumstances that can be recognized by the evidence submitted by the Plaintiff and the Defendant and the witness D’s testimony and the purport of the entire pleadings, namely, ① KRW 24,00,000 of the established capital invested under the Plaintiff’s name was actually deposited in D, ② the Plaintiff was paid benefits without being distributed as an investor while taking charge of the business as the representative director of the Defendant Company, ③ the witness D testified to deny the Plaintiff’s partnership relationship, the Plaintiff was in charge of the Defendant Company’s management.

The mere fact that the defendant company did not actively assert that it did not enter into a partnership agreement upon the plaintiff's request for settlement of accounts.

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