손해배상(기)
1. The Defendant’s KRW 42,415,00 as well as the Plaintiff’s annual rate from May 5, 2017 to January 30, 2019, and the following.
1. Basic facts
A. On April 2013, the Plaintiff and the Defendant operated the mechanical parts manufacturing and supply business of the trade name “D” with the respective shares of 1/2 as the partnership business. On February 2017, the Plaintiff sold the said trade property to E and closed the business. At the time, the Plaintiff was the principal debtor, and the Defendant was separately liable for KRW 100,000,000,000,000,000,000,000 won.
B. On March 2017, the Plaintiff and the Defendant agreed to operate a marina shop with their respective shares as 1/2, and operated a marina shop with the trade name “K” in the above 80 million won, under the name of each Defendant, during Ansan-si, Aunsan-si, a place of business, under the name of the Defendant, to use the said 80 million won F building G and H, and Masan-si I Officetel J as a place of business.
C. On April 2017, the Plaintiff and the Defendant decided to adjust the partnership relationship and prepared a written statement of accounts as shown in the attached Form, with different opinions.
(hereinafter referred to as “instant letter”). D.
On May 4, 2017, the Defendant transferred to L the facilities, goodwill, etc. of the Marina shop to L for a premium of KRW 28.5 million, and received a refund of KRW 20 million for a lease deposit, and paid KRW 1650,000 as the rent for the above F building G and H-7 April 2017, and paid KRW 3.8 million as the broker’s remuneration, and used KRW 43,50,000 as the remainder for the Defendant’s personal debt repayment, etc.
[Reasons for Recognition] Evidence Nos. 1 through 20, Evidence No. 7, and the purport of the whole pleadings
2. The assertion and judgment
A. The partner's childbirth subject to settlement that was obtained by the disposition of the Plaintiff's alleged head office shop is KRW 4,3050,000.
In addition, among D-related obligations remaining in the name of the plaintiff, 3,178,00 won, except for the amount of 100 million won is determined as 3,1780,000 won, and the remaining remaining assets are divided into 1/2. The calculation of 5,635,00 won (=4,3050,000 won - 3.