손해배상(기)
Of the judgment of the court of first instance, KRW 7,000,000 against the Plaintiff and its related thereto from December 20, 2014 to August 11, 2016.
1. Basic facts
A. On August 2012, the Defendant operated a marina business with the trade name “C” and “D (hereinafter “instant business”).
B. C’s discontinuance of business with the Defendant: (a) the Plaintiff and the Defendant concluded a partnership agreement with the instant business establishment on October 28, 2012; and (b) on November 1, 2012, the Plaintiff paid KRW 11,000,000 to the Defendant as a partner of the partnership business.
The defendant paid 10,000,000 won to C in a partnership relationship for the liquidation of partnership relationship, and used 1,000,000 won for the rent for the business of this case.
C. By March 2013, the Defendant operated the instant establishment in Daejeon, and arranged the instant establishment around March 2013.
The plaintiff demanded the defendant to return the amount of the partnership business, and the defendant returned KRW 3,000,000 among them on June 15, 2013, but did not return the remaining amount.
E. On June 30, 2014, the Plaintiff filed a complaint against the Defendant for fraud, and on the grounds that the Defendant did not have any intent to deception from the former District Public Prosecutor’s Office, the former District Public Prosecutor’s Office, the branch office of the Eup/Myeon office of the Eup/Myeon.
[Ground of recognition] The witness C's testimony, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination as to the cause of action
A. The summary of the Plaintiff’s assertion is that the Defendant received KRW 11,00,000 from the Plaintiff, and unilaterally organized the instant establishment in Daejeon without delay from the Plaintiff, and continues to operate the business by transferring the establishment to regular Eup.
Inasmuch as the agreement on the business of this case cannot be maintained due to the above defendant's fault, the agreement on the business of this case shall be terminated and the return of the remaining amount of 8,00,000,000, out of the amount of the loan already paid to the plaintiff shall be claimed.
B. When C, who had a 50% share of the instant business establishment, discontinued the business, the Plaintiff would acquire C’s share of 50% in 40,000,000 won.