동업금 반환 등
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. On January 3, 2014, the Plaintiff entered into a partnership agreement with the Defendants and E on the same content as the attached Form in relation to the “F Teaching Schools” business.
During the period from June 7, 2013 to June 30, 2014, the Plaintiff paid the Defendants KRW 67,500,000 in total as investments under the said business contract.
On July 9, 2014, the Plaintiff, the Defendants, and the E established a L Research Institute (hereinafter “instant private teaching institute”) in Gangnam-gu Seoul, Seoul pursuant to the instant business agreement, and registered the Plaintiff as a private teaching institute operator, a private teaching institute establishment, and a private teaching institute in its name.
On the other hand, the defendants expand their business through the establishment of a branch office of MM Teaching Schools throughout the country since before the above contract was entered into for the same business, and on June 25, 2014, the defendants "J" hereinafter is called "J".
(1) The Defendants returned KRW 64,00,000 to the Plaintiff on December 2, 2014, on the following grounds: (a) the establishment and the operator of the instant private teaching institute had been changed from the Plaintiff to the J on October 6, 2014; (b) the Defendants returned KRW 64,00,000 to the Plaintiff on December 2, 2014: (c) the absence of dispute (based on recognition); (d) Party A’s 1, 2, 4, 6, 8 evidence; and (e) Nos. 4 and 5 evidence Nos. 4 and 5 (including serial numbers;
each entry, the purport of the whole pleading
2. Summary of both parties' arguments;
A. On April 6, 2015, the Plaintiff terminated the instant partnership agreement with the Defendants, and the Defendants are obligated to distribute residual property following the termination of the partnership agreement to the Plaintiff.
The method of calculating the asset value of a private teaching institute used in the private teaching institute is in accordance with the formula of [average number of students for three months x 3 months x 3 months]. Accordingly, when calculating the asset value of the private teaching institute of this case at the time of termination of the said method, 168,720,000 won (= average number of students for three months x 148 x 380,000 x 3 months).
Since the ratio of remaining assets to be distributed by the Plaintiff is 25% equal to the ratio of investment, the amount of remaining assets to be paid by the Defendants to the Plaintiff is 42,180,000 won (=168,720,000 won x 25%).
B. The Defendants are the defendants.