Facts of recognition

On May 25, 2014, the Defendant registered his/her business under the name of the Defendant, and operated a mutual club “D” on the eightth floor of Mapo-gu Seoul Mapo-gu Seoul building (hereinafter “instant club”) from June 2014, and closed the instant club on May 31, 2017.

On March 4, 2016, the Plaintiff and the Defendant drafted a partnership agreement on the joint operation of the instant club (hereinafter “instant club business agreement”) and the content thereof are as follows: “The Plaintiff and the Defendant’s share in the instant club operation are 50% and the profits and expenses according to their respective shares.”

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, and 27 (including virtual numbers; hereinafter the same shall apply), and the purport of the entire pleadings were asserted by the parties to the lawsuit, and the plaintiff and the defendant jointly operated the instant club. The defendant was obligated to pay to the plaintiff only 16,097,945 won out of the profits accrued from the operation of the instant club from June 2014 to May 2017 (the amount calculated by deducting 796,228,192 won from various expenses from sales 2,040,613,937 won) 50% of the profits accrued from the operation of the instant club, 1,244,385,745 won (the remainder after deducting 16,97,9456,9456,9757, and damages for delay).

Preliminaryly, the Plaintiff and the Defendant jointly operated the instant club. Since the relationship of the Plaintiff terminated by closing the instant club on May 31, 2017, the Plaintiff and the Plaintiff terminated, the Defendant would pay the Plaintiff the total of KRW 441,868,337, and KRW 261,231,39,732, the sum of KRW 703,09,732, which the Defendant received in excess of the profits of the instant club, as the remaining assets distributed as a result of the termination of the partnership relationship.