손해배상(기)
1. The Defendants are jointly and severally liable to the Plaintiff for 22,281,485 won and 5% per annum from August 13, 2018 to February 18, 2020.
1. Facts of recognition;
A. On March 30, 2017, the Plaintiff and Defendant C entered into a trade agreement including the following table (hereinafter “instant trade agreement”) with respect to the operation of the headquarters D (hereinafter “instant headquarters”). Defendant B, as a wife of Defendant C, jointly operated the said workplace with the Plaintiff.
(E) The Defendant acknowledges that there is a partnership relationship with the Plaintiff. A total of KRW 258,150,000 premium of KRW 210,000,000, deposit deposit of KRW 30,000,000, transaction deposit of KRW 11,500,000, educational expenses of KRW 11,000,000: Plaintiff 70% (180,705,000), Defendant C30% (7,445,000): Profit distribution (Article 3): Loss sharing (Article 6): On a monthly or at a given period of time according to the ratio of investment (Article 10): On a date when one party terminates, if both parties desire to adjust the partnership relationship as it is, then the amount of the initial contribution shall be divided as the proportion of the investment made by each party.
B. On August 12, 2018, the Plaintiff and Defendant C transferred all business rights to the instant tasks to F in KRW 150,000,000, and around that time, the Plaintiff received KRW 105,000,000 among the transfer proceeds, and Defendant C received KRW 45,000,000, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 79 evidence, Eul evidence 11, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserts that the instant partnership agreement was reversed due to unfair conduct, such as the Defendants’ failure to pay profit-sharing amount, and that the Plaintiff’s share ratio should be 70.2910%. As such, the Defendants jointly and severally asserted that the Plaintiff should pay KRW 59,807,542, such as the Plaintiff’s claim amount as indicated in the attached Table 1’s remaining property settlement, damages
B. As to this, if the Defendants settled together with the amount claimed by the Defendants, 18,920,798 won = 11,027,931 won such as embezzlement, etc. = 27,672,860 won in the balance of the passbook 8,477,140 won.