약정금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On the premise of the facts, the Plaintiff, Defendant B, and Defendant C entered into a partnership agreement that operates LPG and high-pressure gas companies jointly with E, F, and G on April 25, 2007, and have operated gas sellers, etc. as a partner (hereinafter “instant partnership”). From June 1, 2007, F and E withdraw from the partnership relationship of the instant case around June 201, and around August 201, G withdrawn from the partnership relationship of the instant case, respectively, and the Plaintiff withdrawn from the partnership relationship of the instant case on December 31, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, and the purport of the whole pleadings
2. The Plaintiff’s assertion that Defendant B, Defendant C, and Defendant D, established in accordance with the instant partnership relationship, did not properly pay the benefits and profits prescribed in the instant partnership relationship to the Plaintiff.
In addition, the Defendants did not pay to the Plaintiff the amount equivalent to the Plaintiff’s share ratio among the appraised value of the instant Dong business property at the time of withdrawal.
Accordingly, the Plaintiff seeks payment of KRW 100,000,00 as part of the above salary, profit, and share calculation amount to the Defendants.
3. A creditor who claims a separate claim which falls under a separate subject matter of a lawsuit in the form of a lawsuit shall specify the amount of the claim by claim, and the court shall also specify the amount of the award by claim. This legal doctrine also applies where the creditor claims only a part of the claims.
In addition, claims in civil procedure should be specifically identified so that the contents and scope of claims can be clearly identified, and the issue of whether to specify an objection is a matter to be examined ex officio, and where the purport of the claim is not specified, the court shall order ex officio correction regardless of the defendant's objection, and shall dismiss the lawsuit if it does not comply with it.
Even if the plaintiff has a wage claim, profit claim, and share calculation claim against the defendants as asserted, the claim is different from the time of occurrence, cause and so forth.