손해배상(기)
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
The defendant.
1. The plaintiff and the defendant are the main agent.
From October 22, 2016, the Defendant operates a mutual singing room (hereinafter referred to as “instant singing room”) from Daejeon-gu, Seo-gu, Daejeon-gu, and the second floor.
On October 11, 2016, the Plaintiff borrowed KRW 60 million from a financial institution, and paid KRW 5 million to E, who is the previous business operator of the instant singing room, as the down payment for the instant singing reception. On October 22, 2016, the Defendant commenced to operate the said singing room, the Plaintiff paid KRW 52.6 million to E, who is the owner of the building where the said singing room is located, monthly rent of KRW 1.1 million, and paid KRW 1.2 million for the purchase of equipment, etc.
The sum of each amount claimed by the Plaintiff is KRW 59.9 million (=the remainder of KRW 5.5 million for down payment) or KRW 1.1 million for the purchase of KRW 1.2 million for rent of KRW 52.6 million), or the amount paid by the Plaintiff until the instant singing book is operated under the name of the Defendant is KRW 60 million between the parties concerned.
The Defendant paid a total of KRW 2989,000 to the Plaintiff from November 2016 to July 2018, as shown in the attached Table, to the Plaintiff. Of them, KRW 3.2 million to the Plaintiff is the interest rate that the Plaintiff is obligated to pay to the financial institution.
On August 8, 2018, the Defendant returned KRW 60 million to the Plaintiff.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 7 (including branch numbers), the purport of the whole pleadings
2. The gist of the parties’ assertion is that the Plaintiff and the Defendant bear the instant costs of singing delivery, and the Defendant entered into a partnership agreement with the Plaintiff to distribute 5:00 won to the Plaintiff if the Defendant’s profits accrued from the operation of the instant singing music. At least, the agreement was maintained until August 8, 2018 when the Defendant returned KRW 60 million to the Plaintiff, and thus, the Defendant is obliged to pay 50% of the profits to the Plaintiff in accordance with the agreement.
The monthly average of the instant singing machines.