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(영문) 서울중앙지방법원 2017.08.22 2016가단91329

동업금반환 등

Text

1. The Defendant: (a) KRW 29,133,928 to the Plaintiff and KRW 5% per annum from June 1, 2016 to August 22, 2017.

Reasons

1. Facts of recognition;

A. On March 2016, the Plaintiff and the Defendant concluded a contract based on the content of the draft of the contract, which was written by a prior consultation (hereinafter “instant contract”) with respect to the carpet (hereinafter “C”) operated by the Defendant, but did not actually prepare the contract.

B. The main contents are as stated in the attached text of the contract, and the Plaintiff paid KRW 75 million to the Defendant in accordance with the above contract (including KRW 25 million in the name of the lease deposit).

B. After that, according to the instant contract, the Plaintiff operated a business in the instant car page, and received 18.2 million won in total from the Defendant, which is 50% of the profit of March 2016 and the profit of April 200.

C. However, the Plaintiff and the Defendant decided to cancel the instant contract on May 17, 2016 on the same day, and the Defendant has the same year.

5. 24. The Plaintiff returned KRW 50 million as the deposit for lease to the Plaintiff.

Meanwhile, from May 1, 2016 to the same year of the instant car page.

5. 31. Sales to the date of 31. 36,664,00 won and the cost to be deducted is KRW 21,587,321, and in the case of the instant contract, the profit to be distributed is KRW 15,076,679 (the sales - the cost to be deducted).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 and 7, witness D's testimony, the purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s claim 1 regarding the cause of the claim ① The Plaintiff and the Defendant, as seen earlier, at the time of cancelling the instant contract, agreed upon the return of KRW 75 million paid to the Defendant in accordance with the terms and conditions of the contract. The Defendant returned only KRW 50 million under the name of the lease deposit.

② In addition, the Defendant’s foregoing contract was terminated for the Plaintiff, and the same year from May 1, 2016.

5. The Plaintiff shall pay 50% of the instant car page earnings accrued until March 17, 200 to the Plaintiff. The Plaintiff shall be paid on March 3 of the same year.