logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2015.07.15 2014가합4527
부당이득반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and Defendant C are between themselves, and the Defendants are legal couple.

B. On November 21, 2005, the Plaintiff and Defendant C agreed to operate the Eelel located in Gangnam-gu Seoul Metropolitan Government (hereinafter “the instant Moel”) as a partnership business (the share ratio is 2/3, Defendant C, 1/3, hereinafter “instant Dong business agreement”); at the time, Defendant C is responsible for the management of the instant Moel; however, Defendant C pays to the Plaintiff the amount equivalent to 2/3 of the profits accrued from the operation of the instant Moel.

C. Since August 2013, the Plaintiff and the Defendants performed remodeling work on the instant Maurel from around August 2013, the Plaintiff asserted that the Defendants embezzled without distributing the amount to be distributed to the Plaintiff, and there was a dispute between the Plaintiff and the Defendants. On November 1, 2013, each of the following content (hereinafter “instant Maurster”) was prepared between the Plaintiff and the Defendants:

From January 1, 2006 to October 31, 2013, the Defendants recognized the fact that the amount embezzled from the amount to be distributed to the Plaintiff is not less than 1.2 billion won. However, with the Plaintiff’s consent on the payment of only 1.2 billion won to the Plaintiff, the Defendants, with the following formula of compensation.

1. The Defendants from August 1, 2013

9. It recognizes that the Plaintiff is jointly and severally liable to pay the above amount to the National Bank, the obligee, by accepting the Plaintiff’s liability of KRW 466,66,67, equivalent to KRW 2/3 of the Plaintiff’s liability for the 700 million expenses for remodeling construction of the instant cartel, which was implemented until 30.

2. Defendant C is a 1/3 equity right holder of the instant telecom, who is entitled to dividends from the profits of the instant telecom, and the sum of interest on KRW 2.125 million out of the amount of debt 2.125 million against a national bank (the sum of interest that shall be changed due to the fluctuation in the interest rate for the future, although the amount is not 2.1 million won at present) on November 2013.

arrow