(영문) 서울중앙지방법원 2016.02.17 2014가합568488



1. The plaintiff's claim is dismissed.

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


1. Basic facts

A. On May 1, 2013, the Plaintiff entered into the instant joint business agreement between the Plaintiff and the Defendant B, etc. (i) after completing the business registration with the trade name “D” to engage in the advertising film production business, etc., and on the same day, between Defendant B and Defendant B, the joint business agreement with the following contents (hereinafter “instant joint business agreement”).

A) A joint business agreement: D business address: The contractual terms of the first floor of the building in Gangnam-gu Seoul Metropolitan Government and the partner 1 (Plaintiff) and the partner 2 (Defendant 2) enter into the same business agreement as follows in operating all the projects undertaken at the above location. Of the profits accruing from the above business establishment, the equity ratio of net profits, excluding expenses incurred in operating the company (outside personnel expenses, taxes and public charges, taxes, various taxes, monthly taxes, management expenses, etc.), out of the profits accruing from the above business establishment, shall be determined by 5:5, respectively, and its scope falls under all the business profits in the situation in which the business is maintained. In operating the business under Article 3(1), the partner 1 and the partner 2 did not neglect the due care of a good manager; on matters that have significant influence on the business other than normal business, the parties to the contract should enter into a prior consultation between them; on one hand, even if one of the parties to the contract, the Plaintiff shall have an amount of damages to the other party or be paid damages to the Plaintiff.

3. From March 31, 2014, Defendant C entered “D” with Defendant B’s introduction, and thereafter, Defendant C’s business employees from around that time.