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(영문) 수원지방법원 2016.01.13 2014가단36036

정산금

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 April 1, 2010, the Plaintiff, who was engaged in cable broadcasting, Internet business inducement, and installation business with the trade name of “E,” entered into a partnership agreement with the Defendant, a non-party corporation, which operated the business with “E,” for a business attracting businesses, such as broadcasting, Internet, and Internet telephone business zones (hereinafter “instant partnership agreement”).

B. The instant partnership agreement is jointly responsible for the Plaintiff’s business planning, the Defendant’s business management (Article 5), and the share ratio of 50% (Article 3), the assets related to the partnership business are jointly owned by the Plaintiff, the Defendant’s damages and liabilities arising from the partnership business, and the Defendant’s joint ownership of the assets and liabilities.

(Article 2)An agreement is made.

(c) In addition, the account for the operation of the funds relating to the partnership business is operated and managed in the account under the joint name or in the account under the name of the defendant (Article 9), all profits arising from the business shall be allocated to the original and the defendant (Article 10), and when the business is terminated, the expenses and losses shall be equal to the original and the defendant shall be liable for the same amount of expenses and losses.

(Article 18). (d)

The instant agreement was terminated by mutual agreement on August 31, 2010.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The Plaintiff’s assertion is subject to the Plaintiff’s final legal brief dated November 13, 2015.

653,255,650 won for gross income under the instant trade agreement, and 554,355,485 won for gross income. As such, 98,900,165 won for gross income and 49,450,082 won for gross income shall be divided into the Plaintiff and the Defendant.

However, the Plaintiff generated income of KRW 7,061,190 as the instant partnership business, and paid KRW 37,035,420, and thus, the Plaintiff’s loss of KRW 29,974,230 should be compensated from the instant partnership business income.

Meanwhile, the Plaintiff lent KRW 28,00,000 to the Defendant as operating expenses, and thus, the Plaintiff already received KRW 74,764,950 from the Defendant.