손해배상(기)
1. The plaintiffs' primary and conjunctive claims against the defendants are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. On August 2014, the Plaintiffs agreed to operate a restaurant as a partnership business in the building located in Defendant C and Sungnam-si E in Sungnam-si (hereinafter “instant partnership business agreement”). The key contents are as follows:
Certificates of Joint Project Contents
1. The right to deposit money in the place of business shall be owned at the rate of 5:5;
2. The net profit shall be settled at the end of each month, excluding expenses incurred in operating the place of business, among the total turnover generated from the place of business;
3. Plaintiff B pays KRW 100 million to Defendant C by October 23, 2014.
4. The defendant C shall be responsible for expenses incurred prior to the commencement date of the business at the place of business;
B. Under the instant business agreement, on October 23, 2014, Plaintiff A deposited KRW 80 million in the Defendant D’s account, Defendant C’s father, and around that time, delivered KRW 20 million as a check to Defendant C. On November 19, 2014, the Plaintiff deposited KRW 8,275,000 in the Defendant D’s account at the expense, such as amper, coffee machine replacement, and electric extension work.
C. On October 27, 2014, Plaintiff B and Defendant C completed joint business registration; Defendant C opened a Lestop (hereinafter “instant restaurant”); around November 12, 2014, Defendant C operated the instant restaurant with the trade name “F”; from around that time to June 25, 2015, the sales generated in connection with the operation of the instant restaurant are KRW 92,290,079, cash sales, KRW 9,300,80, and the expenses are as indicated in the attached Form. Accordingly, the lease deposit was deducted from the lease deposit and the remainder of the lease deposit around May 2015 is KRW 11,340,012.
On the other hand, on May 12, 2015, Plaintiff B reported the closure of business on the instant restaurant, and Plaintiff B paid KRW 3,798,057 for food materials to Plaintiff B and Defendant C.