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(영문) 전주지방법원 2014.02.14 2013가합2312
조합원확인
Text

1. The plaintiff's primary claim against the defendants and the conjunctive claim against the defendant B are all asserted.

2...

Reasons

1. Basic facts

A. At the Jeonju-si, E, and five parcels above (hereinafter “instant club”) were operated by Nonparty G (the nominal owner), but Defendant B, C (hereinafter “C”) did not participate in the operation of the instant club, even though the agreement was concluded on November 20, 207, with a view to securing his claim against G. In order to secure his claim against G, Defendant B, and C (hereinafter “C”), the equity ratio was set at 20% G, Defendant B, J, Defendant C, and Defendant C, respectively. The said agreement was concluded with the purport that the payment of the instant club dividends according to each of the said shares should be appropriated for the claims of the said Defendants.

B. On January 27, 2011, Defendant B and C agreed with H and G that Defendant B’s claim KRW 500 million against G, Defendant C’s claim KRW 1.2 billion against Defendant C, and the right to possess the instant club buildings and facilities from H and G, and the right to operate the instant club upon delivery on February 6, 201.

C. After that, on February 9, 201, Defendant B and C entered into a partnership agreement with Defendant D (Non-Party D’s wife) with respect to the instant club, the total amount of investment shall be KRW 100 million, and the equity ratio shall be set at KRW 40%, Defendant C, and 30%, respectively, and the representative entered into a partnership agreement with Defendant B with the content of the partnership agreement with Defendant B.

(hereinafter referred to as the “instant partnership”) with the Defendants’ Dong companies formed under the said partnership agreement.

The Plaintiff and L were employed as an employee of the instant club and was employed only around October 2010. From February 6, 2011, the Plaintiff began to work again in the instant club, and the Plaintiff was in charge of the management of employees in the place of business (many and good) and the prevention of access to the juvenile’s place of business by exercising overall control over the business group as a manager of the business group.

E. Around March 2, 2011, Defendant B entered into an agreement with the Plaintiff and L with the following content (hereinafter “instant agreement”).

[Agreement] The Plaintiff’s claim amount of G is KRW 80 million.

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