수익금
1. The Defendant’s KRW 105,410,541 as well as 5% per annum from June 1, 2016 to October 12, 2017 to the Plaintiff.
1. Basic facts
A. On September 2012, the Plaintiff and the Defendant agreed to jointly operate the cafeteria and the cafeteria at the construction site of Sejong-si apartment (hereinafter collectively referred to as the “instant restaurant”) and divide the initial cost and profits necessary for the operation of the instant restaurant into one half each (hereinafter referred to as the “instant agreement”). The instant restaurant was operated from November 2012 to May 2015.
B. The Plaintiff, from September 24, 2012 to January 15, 2013, transferred KRW 118,650,00 under the above title to the Defendant. Moreover, the Plaintiff, from September 24, 2012, transferred KRW 22,456,50 to January 15, 2013, together with KRW 161,175,210 (=22,450,500,000,000,000 for the operation of the C block restaurant first (i.e., KRW 118,650,00) as the fund for the operation of the C block restaurant, was refunded from the Defendant.
C. On May 2015, the Defendant finished the operation of the instant restaurant, and subsequently, indicated the Plaintiff as “the sales purchase statement by field (hereinafter “instant specifications”) related to the operation of the instant restaurant.” However, the said statement was indicated as KRW 2,081,158,050 in total sales amount, KRW 1,270,134,610 in total sales amount, and KRW 811,023,440 in total sales amount.
The total sales items of the instant statement prepared by the Defendant were omitted from KRW 5,262,30 for E employee’s food, and KRW 19,346,00 for supervision and possession. However, upon agreement with the aforementioned sales, the actual sales amount is equivalent to KRW 2,105,76,350 (= KRW 2,081,158,050) (= KRW 5,262,300).
E. The Defendant paid KRW 38,824,788 of global income tax on the income accrued from the operation of the instant restaurant.
On the other hand, in relation to the operation of the instant restaurant, 12,675,00 won was paid from the operating revenue of the said restaurant for the operation of the restaurant located in the Sejong Cableth.
[Ground of recognition] There is no dispute.