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(영문) 서울중앙지방법원 2013.07.18 2012가단273383

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 2001, the Plaintiff purchased the 1,040.36m2 from the 7th floor of the F Building in Seocheon-gu, Seocheon-gu, Seoul, with C, D, and E, and operated the Lestop (hereinafter “instant Lesp”).

B. The Plaintiff suggested that H and the Defendant jointly operate the instant Lestop.

Accordingly, H around September 2002, around D's 4/20 shares of the above building, and around December 2002, the Defendant purchased each share of C and E 9/20 shares of the above building.

C. After the Defendant acquired shares in the said building, the Plaintiff, the Defendant, and H agreed to jointly operate the instant Lestop in the said building. At the time, the Plaintiff directly operated the said building, and the Defendant and H agreed to receive profits from the instant Lestop operation from the Plaintiff in proportion to the shares in the said building.

From that time to February 12, 2007, the Plaintiff directly operated the instant Lestop.

The Plaintiff filed each tax return of KRW 28,548,872 in 2003, KRW 21,250,357 in 2004, KRW 24,438,831 in 205, and KRW 13,637,485 in the district tax office having jurisdiction over the district tax office.

E. The Plaintiff, the Defendant, and H have left the Lestop in this case and leased it to a third party and distributed profits therefrom according to the share ratio.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 13, 21 (including paper numbers), Eul evidence Nos. 2, 7, and 8, witness I's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion, the Defendant, and H engaged in the operation of the instant Lestop from December 2, 2002 to February 12, 2007. The Plaintiff, while taking full charge of the operation of the instant Lestop, borne a total of KRW 110,177,485 for losses incurred during that period.

After the plaintiff and H completed the operation of the Lestop in this case, the losses that the defendant shall bear according to the share ratio shall be KRW 50,776,168.