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(영문) 서울중앙지방법원 2013.10.17 2012가합74507
손해배상(기) 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff, C, etc. entered into a partnership agreement with D and E, and run F. B’s Cheongbu and Cheongbu, Gangnam, and New Village. Around March 15, 2007, C, etc. wishing to open F. F. M. F. F. F. F. F. F. F. F. F. F. F. F. and P. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. C. F. F. F. C. F. F. F. F. F. F. F. F. F. F. F. F. F. F.

3) Meanwhile, in around 2007, E withdraws from the above partnership due to a difference in opinion with C, C proposed equity investment to the Plaintiff, H, and I who was a monthly doctor. Accordingly, the Plaintiff, H, and I entered into a partnership agreement with C on March 2007, and invested KRW 420,00,000 each in accordance with the partnership agreement. Pursuant to the above partnership agreement, C shall have 69%, D shall have 10%, 10%, 10%, 10%, H, and 1 shall have 7% equity shares in the partnership (hereinafter “instant partnership”).

As a result, the Fsanbu and the Cheongdomen's Cheongdomen's Cheongdomen's Cheongdomen's Cheongdomen's Madomen's Madomen's Madomen's Madomen's Madomen

4) Since September 2007, K joined the instant association. Since then around September 2007, K acquired 62% shares in the instant association, D 10%, Plaintiff, H, I, and K respectively.

C around January 2008, the Fsanbu, astronomical care point, red point, etc. were opened.

5) C as the representative director of the instant association and the representative director of G, and L, the wife of C, as the head of G, took charge of the accounting and tax affairs of the instant association. Article 29 of the articles of association of the said association provides that “The distribution of profits shall be distributed according to the equity ratio after deducting the portion of expenses, such as tax and other public charges incurred from the association from the aggregate of the income generated from the association.” (B) The dissolution of the instant association and the dissolution of the instant association and the instant association’s business partnership agreement 1) the instant association were dissolved due to disputes between the association members on January 2010, and all the shares of the association, including the Plaintiff, and H, I, and K transferred to C.

Afterward, the plaintiff is monthly salary at the Fsanbu and the Fridong store operated by C.

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