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(영문) 대전지방법원 2017.05.30 2016가단2007

구상금

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 January 15, 2015, the Plaintiff, the Defendant, and C entered into an agreement on the business of a cafeteria (hereinafter “D cafeteria”) and an E cafeteria (hereinafter “E cafeteria”) (hereinafter “instant agreement”).

Article 2 (Opening of the Agreement) (2) The business operator shall be a joint name among third parties, and each of them shall be designated as a Dcafeteria (hereinafter referred to as a "Dcafeteria") and Ecafeteria (hereinafter referred to as an "Ecafeteria").

(3) The defendant shall take charge of the overall planning of the project and shall take charge of all the facilities of the sales management and place of business with F and joint responsibility.

In addition, the security of the workplace shall be provided to C who is responsible for the monthly rent of each workplace.

(4) C shall be liable for a rental deposit for a Dcafeteria and Ecafeteria.

⑤ The Plaintiff is responsible for the development and manufacture of products, human resources education, and the main system facilities.

Article 3 (Relation to Distribution of Profits) In accordance with this Arrangement, C shall settle 10% of the turnover, and 20% of the turnover by the plaintiff and the defendant, twice a month or once a month.

B. Around February 2015, the Plaintiff, C, and the Defendant completed the business registration of a cafeteria in the name of the Plaintiff, the Defendant, and C, and commenced the cafeteria business. Around March 2015, the Plaintiff, C, and the Defendant completed the business registration of the cafeteria in the name of F, C, and F, the Plaintiff’s wife, and began the cafeteria business.

C. On February 27, 2015, the Plaintiff opened a deposit account and a gold account in the name of the Plaintiff.

On the other hand, Round Loans Co., Ltd. (hereinafter “Round Loans”) manufactured and supplied the signboards of D cafeterias and E cafeterias, but did not receive the cost of the signboards, and filed an application for payment order against F (the Plaintiff’s spouse), F, and C seeking payment of KRW 10,173,900 for E cafeterias under the Daejeon District Court Decision 2015j3579, May 12, 2015; and filed an application for payment order against the Plaintiff, Defendant, and C seeking payment of KRW 10,854,800 for each payment order on May 12, 2015.

E. On July 30, 2015, the Plaintiff remitted KRW 15,000,00 to the Round.