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(영문) 대구지방법원 2018.08.16 2017나306936
출자금 반환
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. From March 8, 2007, the Plaintiff operated E from Ansan-si F from March 8, 2007, operated E, contracted construction machinery and operated construction machinery leasing business, Defendant B served as a regular manager in G, and Defendant C and D were engaged in the business related to the operation of pumps.

B. On January 2013, the Plaintiff and the Defendants agreed to engage in a contract and rental business of concrete pumps construction equipment by jointly investing therein.

(hereinafter referred to as the “instant trade agreement”). According to the instant trade agreement, the Plaintiff operated the instant trade name “E” in the H E office located in Ansan, with each of the investment of KRW 100 million (cash 70 million in cash, KRW 30 million in law firm, KRW 80 million in Defendant B, KRW 70 million in Defendant C, and KRW 80 million in Defendant D, KRW 80 million in cash, KRW 70 million in law firm, and KRW 70 million in the construction site. The Plaintiff was in charge of the instant trade name, “E” at the H E office located in Ansan, while the Plaintiff was in charge of the overall management of affairs, the number of business operations for receiving orders for construction, and the number and amount at construction sites, Defendant B and Defendant D and Defendant C, respectively.

C. Although the Plaintiff agreed to distribute profits after the settlement of accounts at the end of each year with the Defendants, while the Defendants failed to accurately settle the operating profits for two years after the commencement of the business, the Plaintiff was forced to make up for the embezzlement of the operating profits of the E Company A on March 8, 2015. On March 8, 2015, the Plaintiff drafted to the Defendants a letter stating that “E Company A shall give up all of the equipment at the time of March 8, 2015. Not all of the subsequent equipment: (a) the Plaintiff shall not give up the shares; and (b) the Plaintiff shall also give up the shares (No. 2; hereinafter “instant waiver”).

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 7 (including virtual number), Eul evidence No. 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) while engaging in the business with the Defendants, the Plaintiff invested KRW 70 million in cash and KRW 100 million in total by investing KRW 30 million in kind in the law firm, and the amount of KRW 100 million during the period of the business.

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