beta
(영문) 서울중앙지방법원 2016.11.11 2015가합547891

정산금

Text

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

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. D around 2012, between the owner G and the owner of the five-story building on the Gangnam-gu Seoul E and F ground (hereinafter “instant building”) established and operated H dental hospitals and I coffee stores by leasing the entire building of this case in KRW 800 million. Meanwhile, around 2013, the Plaintiff and D, a dentist, opened and operated the J Council in the name of the Plaintiff at the third floor of the instant building. The Defendants, a dentist, worked at H dental hospitals around that time.

B. On September 24, 2013, the Plaintiff and the Defendants agreed to take over the rights and obligations related to the above Council members and hospital businesses from D. However, the Plaintiff and the Defendants agreed to pay KRW 425 million to D, by evaluating the right to return the lease deposit of the instant building and the right to operate the I coffee shop amounting to KRW 840 million, and deducting the amount of KRW 230 million appropriated to the above lease deposit as the obligation to return the Plaintiff, and the amount of KRW 194 million from Defendant B. At that time, the Defendants paid KRW 425 million to D.

C. On September 27, 2013, the Plaintiff and the Defendants established K Co., Ltd. (hereinafter “K”) for the purpose of the real estate charter business and the coffee specialty business, etc., and upon which K invested KRW 800 million in the said lease deposit. On September 30, 2013, K entered into a lease agreement with G, which was the previous lessor, with regard to the instant building as the deposit amount of KRW 80 million and the period from October 1, 2013 to September 30, 2018, and G entered into a lease agreement again with the previous lease deposit of KRW 50 million and the deposit was not actually paid.

The Plaintiff was a member of the J Council as L Council, and the Defendants changed the trade name of H dental hospital to a MD hospital, and operated the said member and the dental hospital from October 2013.

On November 25, 2013, the Plaintiff and the Defendants jointly run the above members and dental hospitals, and make profits and losses therefrom.