투자금
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
The principal lawsuit and counterclaim shall also be deemed to have been filed.
1. Basic facts
A. The Plaintiff and the Defendant came to know in around 2007, and agreed to operate the store together by concluding a franchise agreement with Espice Co., Ltd., a cosmetics company around March 2008. The Plaintiff and the Defendant commenced the operation of “D” (hereinafter “instant store”) after leasing the building C and 103 in Seoul Special Metropolitan City, Gwanak-gu, Seoul, and registered its business under the name of the Defendant.
B. In order to establish the store of this case, the Plaintiff and the Defendant determined that total of KRW 395,980,000 including lease deposit KRW 200,000,000, KRW 100,000 for the pre-existing lessee of the store of this case, and KRW 23,000 for the interior work cost, KRW 35,00,000 for the interior work cost, and KRW 50,000 for the remainder which was not paid out of the premium shall be paid later by the Plaintiff.
C. Accordingly, the plaintiff and the defendant drafted a written confirmation of common investment on April 25, 2008, and the main contents are as follows.
In jointly investing in the burial of this case, each other shall endeavor to make a great effort.
However, I would like to accept the undertaking in advance to respond to the problems of ownership caused by unexpected disputes.
b. As of April 25, 2008, a total of KRW 395,980,000 as of April 25, 2008 was invested (the interest expenditure of KRW 1% per month of outstanding payment of KRW 50,000 for store premium): Defendant: Plaintiff 197,00,000 for investment of KRW 197,00: Plaintiff 298,980,000 for investment of KRW 298,980,00 (including expenses for outstanding premium) promises to divide all property rights (including expenses) such as deposit of store, premiums, profits, and product loans into half.
Of the unpaid premium, the Plaintiff paid KRW 20,000,000 to September 3, 2008, and the remainder of KRW 30,000,000 to the Defendant, and the amount invested in the instant store finally is KRW 168,980,000 by the Plaintiff and the Defendant KRW 227,00,00 by the Defendant.
E. Meanwhile, the defendant has operated the store of this case until now.