동업이익금등
1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) is revoked, and the revocation part is applicable.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. A. Around December 2015, the Plaintiff and the Defendant operated a restaurant (hereinafter “instant restaurant”) in which the Plaintiff and the Defendant mutually agreed to “G” as a partnership business, and the Plaintiff entered into a partnership agreement with the content that the business place (hereinafter “instant restaurant”). The Plaintiff provided labor to the Defendant and directly operate the restaurant under the name of the Defendant, and the Defendant provided labor, and the net income remaining after deducting taxes, public charges, and additional expenses among the total monthly sales, would be distributed in 50% (hereinafter “instant partnership agreement”).
B. The Defendant operated the instant restaurant from December 21, 2015 to August 31, 2016 under the instant business agreement.
C. Meanwhile, around August 9, 2016, the Plaintiff and the Defendant agreed to terminate the instant partnership agreement as part of August 31, 2016, and concluded a lease agreement with the Defendant, setting the instant restaurant as KRW 50,000,000, monthly rent of KRW 4,000 (excluding value-added tax), and the period from September 1, 2016 to August 31, 2018 (hereinafter “instant lease agreement”).
In operating the instant restaurant, the Defendant paid 1/2 of the profits from May 2016 to the Plaintiff. However, the profits from June 1, 2016 to August 31, 2016 were not distributed to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (if there are additional numbers, including each number; hereinafter the same shall apply) and the purport of whole pleadings
2. The parties' assertion
A. In order to settle the partnership relationship between the Plaintiff and the Defendant with respect to the instant restaurant, the Defendant shall pay KRW 33,558,396 to the Plaintiff as follows, and the Plaintiff shall pay KRW 14,982,55 to the Defendant.
Therefore, the Defendant is obligated to pay to the Plaintiff KRW 18,575,841 (= KRW 33,558,396 – KRW 14,982,555) and damages for delay.
The plaintiff was prepared on December 18, 2019, as well as preparatory documents.