기타(금전)
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. In the first instance court, the Plaintiff sought a payment of profit distribution, refund of operating funds, etc. and payment of embezzlement from the Defendant. The first instance court dismissed the part of the claim for payment of embezzlement, and partly accepted the claim for payment of profit distribution, operating funds, etc.
Accordingly, the Defendant only appealed against the cited portion of the Plaintiff’s claim (the Plaintiff’s incidental appeal is to seek the payment of the additional profit distribution and the return of the operating fund, etc., not to purport to object to the dismissed and dismissed portion). The subject of this court’s adjudication is limited to the portion added to the incidental appeal and the part partially quoted in the first instance court.
2. Basic facts
A. A. Around May 2003, the Plaintiff entered into a partnership agreement with the Defendant and Nonparty C to operate the instant coffee store (hereinafter “F”) on the second floor of the 4th floor above the land of Chuncheon-si D and E (hereinafter “instant building”).
According to the above agreement, the profits of the plaintiff, the defendant, and C shall invest 75,000,000 won in each of them are distributed to three persons at an equal rate. The management and operation of the above coffee specialty are exclusively in charge of the defendant.
B. After that, on September 20, 2005, the Plaintiff and the Defendant purchased the above building from Nonparty G, the owner of the instant building, and completed the registration of ownership transfer on October 27, 2005 with 1/2 shares registered in the name of the Plaintiff and the Defendant, respectively, and the Defendant was in exclusive charge of real estate rental business in the said building.
C. By June 2006, the Defendant closed his business while running the coffee store of this case.
On January 29, 2007, the Plaintiff, the Defendant, and C have completed business registration for real estate rental business under the name of the Defendant, and prepared a written confirmation of the operation of the building lease business (Evidence A2) as of June 19, 2007, and the main contents thereof are as follows:
1. A letter.