기타(금전)
1. The part concerning the claim for the payment of embezzlement among the lawsuits in this case shall be dismissed.
2. The defendant shall pay to the plaintiff KRW 72,156,90 and 20.
1. Basic facts
A. A. Around May 2003, the Plaintiff entered into a partnership agreement with the Defendant and Nonparty C with the purport that the Plaintiff will operate a different coffee store (hereinafter “F”) on the second floor of the 4th floor of the land surface D and E (hereinafter “instant building”) on the ground surface (hereinafter “instant coffee store”).
According to the above agreement of the same trade, the profits from the investment of the plaintiff, the defendant, and C in 75 million won, respectively, are distributed equally to three persons, and 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 building from Nonparty G, the owner of the building of this case, and completed the registration of ownership transfer on October 27, 2005 with 1/2 shares transfer as well as 1/2 shares in each of the above buildings and the Defendant respectively, and the Defendant took exclusive charge of its duties.
C. On January 29, 2007, the plaintiff, the defendant, and C completed business registration for real estate rental business under the name of the defendant, and completed a confirmation on the partnership business of the building lease (Evidence A 2; hereinafter "the second partnership business contract of this case") as of June 19, 2007. The main contents of the agreement are as follows.
Written Confirmation
1. Three persons A (Plaintiffs), B (Defendants) and C are to verify, sign and remove any misunderstandings that may arise after the vehicle:
2.The land and buildings (the building in this case) located in Chuncheon City D and E are owned jointly by three persons and are owned by each person:
3. A: 2.5/7.
4. B: 2.5/7
5.The remaining 2/7 of the above two persons shall be three-thirds of all persons.
7. The registration tax, acquisition tax, transfer tax, and property tax shall be borne by the proportion of ownership by three persons; and
8. The time of sale, as the registration tax and acquisition tax have already been paid by A and B at the end of October 2005.