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1. The Defendant’s annual interest in KRW 87,382,89 and KRW 17,137,89 among the Plaintiff, from July 1, 2014 to September 9, 2015.
Reasons
1. Basic facts
A. On October 2012, the Plaintiff and the Defendant were to operate the Vice Minister of cellul, as a partnership business. The Plaintiff invested KRW 90 million in the Plaintiff, and the Defendant invested KRW 10 million in the amount of KRW 10 million. On December 2012, 2012, the Plaintiff and the Defendant acquired the F Tax Director, “The Vice Director,” who is located in the Gumi-si E-si, 862 square meters (hereinafter “the Vice Director, etc.”) from D (hereinafter “the instant Vice Director”).
B. From December 2012, the Plaintiff and the Defendant jointly operated the Deputy Director of the instant case, and registered the business in the name of the Defendant’s father, the Defendant’s Intervenor’s Intervenor (hereinafter “ Intervenor”). From May 2013, the Defendant was in charge of the operation and management solely from around May 2013.
C. On August 16, 2013, the Defendant notified the Plaintiff that “if the Plaintiff did not pay any interest on the loan, it would be paid out of the sales amount, and if an agreement is known, it would be sold to another third party, a request for consultation on the settlement of accounts regarding the operation of the third Deputy Director shall be made.” On November 28, 2013, the Defendant notified the Plaintiff that “as of November 30, 2013, the Plaintiff would transfer all the Defendant’s shares to the Plaintiff and deliver the place of business.”
On March 3, 2014, the Plaintiff consented to the termination of the partnership agreement of the Third Deputy Director of the instant case;
shall request the recovery of investment 90 million won and the settlement of profits.
‘The intention' was notified.
E. On August 11, 2014, the Defendant sold 159,000,000 won to G.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that the Defendant did not pay the Plaintiff the earnings of the Deputy Commissioner of the instant case. As such, the Plaintiff is obligated to pay the Plaintiff the dividend amounting to KRW 21,228,829, out of the earnings of the Deputy Commissioner of the instant tax office 47,175,220, which occurred from May 2013 to June 2014, as well as damages for delay.
In addition, the defendant committed a breach of trust or fraud in collusion with the intervenor at will, without the plaintiff's consent, which arbitrarily disposes of the Three Deputy Director of the case.