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(영문) 서울중앙지방법원 2014.08.14 2013가단234262

동업정산금 등

Text

1. As to the Plaintiff (Counterclaim Defendant) KRW 56,058,150,00 against the Defendant (Counterclaim Plaintiff) and its amount from March 19, 2014 to August 14, 2014.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. The parties' assertion

A. The Plaintiff’s main claim 1) The Plaintiff’s claim for payment of KRW 30 million out of the store purchase price of KRW 60 million and the Defendant invested 50% of each of the 50% (120 million) on October 29, 2008 and the store located in Songpa-gu Seoul (hereinafter “instant store”) in Songpa-gu Seoul.

(D) On June 30, 2010 after the commencement of operation of the restaurant business of D’s trade name “D” as a partner, on June 30, 2010, the Defendant sold D’s above “D” at KRW 60 million to E. The Defendant was obligated to receive D’s purchase price from the Defendant’s account; on June 30, 2010, at the same time, upon payment of remainder from E, to the Plaintiff of KRW 30 million equivalent to the Plaintiff’s share (50%) out of the above purchase price; on the other hand, the Defendant paid the remainder from E, but did not implement the said payment agreement even after receiving the remainder in full. Accordingly, the Defendant is obligated to pay the Plaintiff KRW 30,000 equivalent to the Plaintiff’s share (50%) out of the purchase price of D’s “D” and part of the amount of deposit KRW 10,000 from July 1, 200 to the date of delivery of a copy of the complaint in this case by the Defendant, “28,” from the Defendant’s 28.

(F) At the first place F provisionally seizes KRW 10,521,350 out of the Defendant’s sales price claim, but in winning only KRW 2,637,650 in this area, the remainder of KRW 7,883,700 was released by provisional attachment). The settlement of a partnership between the Plaintiff and the Defendant is the instant case.