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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and the purport of the appeal shall be the first instance.
Reasons
1. Facts recognized;
A. On June 17, 2016, the Plaintiff, Defendant, and C agreed to carry on the business of importing and selling tobacco raw materials, and established G Co., Ltd. for the purpose of wholesale and retail business as raw materials of tobacco products. As the representative director injured by the registration of a corporation, the Plaintiff was registered as the auditor by the Defendant, respectively.
B. On January 2016, the Plaintiff, Defendant, and C used the heading E in the Seocho-gu Seoul Metropolitan Government D Building that the Plaintiff leased in F’s name for the operation of the corporation N, as its business office.
(c)
Since then, on October 1, 2016, the Defendant leased an old-si J-ground store (hereinafter “instant store”) from H and I to October 8, 2018 under the Defendant’s name by setting the lease term of KRW 1 million, monthly rent of KRW 1 million, and KRW 1.5 million until October 13, 2016.
(d)
On October 2016, 2016, the Plaintiff, Defendant, and C did not agree with each other on the issue of share of tobacco raw material import business and domestic business methods. Since C independently agreed to operate G, the Plaintiff and the Defendant did not participate in the operation of G.
E. On October 31, 2016, the Defendant completed the registration of an individual entrepreneur by designating the “O” and the instant store as its place of business.
[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. The summary of the parties’ assertion (1) The Plaintiff, the Defendant, and C agreed to operate the company G independently due to disagreements, but the Plaintiff, the Defendant, and the Defendant agreed to operate the company G independently. Since then, the Plaintiff and the Defendant continue to operate the store in this case.
However, on February 15, 2017, the Defendant rejected the Plaintiff’s access to the instant store by borrowing a dispute with C related to the unit price for import of tobacco raw materials. Ultimately, the Plaintiff is around that time.