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(영문) 광주지방법원목포지원 2016.10.27 2014가합11593

손해배상(기)

Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) KRW 9,850,167 and its amount from September 4, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The Plaintiff and the Defendants entered into a partnership agreement with the Defendants to purchase and sell both waves at mountainous districts around April 2012 (hereinafter “instant partnership agreement” or “instant partnership agreement”); and around that time, from around October 23, 2012 to around October 23, 2012, the relationship of the partnership agreement is maintained; and the fact that the Plaintiff and the Defendants engaged in the said business is no dispute between the parties.

2. The parties' assertion

A. The Plaintiff and the Defendants agreed to return each of their respective investments in the balance remaining after deducting various costs from the total amount of sales proceeds in the instant partnership agreement, and divide the remainder into 1/3 of the net income.

Accordingly, the Plaintiff invested KRW 351,349,620, Defendant B invested KRW 40,000,000, and Defendant C invested KRW 45,000,000.

At the time of the termination of the instant business partnership agreement, the total sales proceeds of the two derivatives are KRW 632,596,844, and KRW 638,229,844, including the so-called KRW 5,633,000 for sales proceeds of the two derivatives (=632,596,844, KRW 5,633,00 for the sales proceeds of the two derivatives (=632,596,844).

Expenses incurred by the Plaintiff in the course of the instant partnership business are KRW 121,410,00 in total of KRW 6,640,00 in warehouse storage charges, KRW 8,936,50 in net value, KRW 45,83,500 in labor costs and KRW 45,83,500 in total (= KRW 66,640,00 in total), and KRW 8,936,50 in total, KRW 45,83,500 in warehouse storage charges.

Therefore, the balance of the business property to be distributed is 516,819,844 won (=638,229,844 - 121,410,000 won).

The remainder of net income, which remains after deducting the respective investments of the Plaintiff and the Defendants from the balance of the business property to be distributed, is 80,470,224 won (=516,819,844 won -351,349,620 won - 40,000 - 45,000,000 won - 26,823,408 won (i.e., 80,470,224 won ± 3). Thus, the profits to be distributed to the Plaintiff and the Defendants are 26,823,408 won.

Therefore, the Plaintiff’s share out of the balance of the business property to be distributed (=351,349,620 won 26,823,408 won) is 66,823,408 won (=40,000,823,408 won) and Defendant C’s share is 71,823,408 won = 45,00,000,000 won). Defendant C’s share is 26,823,408 won.