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(영문) 의정부지방법원고양지원 2019.11.14 2017가단76728

정산금 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 2014, the Plaintiff was operating the “D Private Teaching Institute”, a specialized in C’s education at Pakistan, and the Defendant was jointly operating the “G Private Teaching Institute”, a comprehensive F’s educational institute located in E and Pakistan.

B. On or around January 26, 2015, the Plaintiff and the Defendant jointly accepted and operated the “private teaching institute” located in H at the time of Pakistan, and paid and acquired a deposit of KRW 30 million in KRW 10 million and premium of KRW 10 million at the time of Pakistan, and integrated the IMO into the KR. On or around February 16, 2016, the Plaintiff and the Defendant acquired a deposit of KRW 300 in KRW 3,000 and integrated the “private teaching institute” with the original students, while using the building as an office. < Amended by Act No. 13588, Apr. 2, 2016>

C. On April 23, 2016, the Plaintiff and the Defendant transferred to N, to N, the total premium of KRW 110 million (hereinafter referred to as “the instant premium”) KRW 15 million after deducting the brokerage fee of KRW 5 million (hereinafter referred to as “the instant premium”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. Plaintiff’s assertion 1) The Plaintiff and the Defendant agreed to jointly purchase and operate a partnership agreement (the Defendant invested KRW 25 million in the initial cost, and the Plaintiff actually operates a private teaching institute and instead made investments in labor and business know-how.

Profits accrued from the operation of a private teaching institute shall be equally divided into 1:1.

hereinafter referred to as “instant partnership agreement”

(2) The Plaintiff and the Defendant jointly agreed to liquidate the instant partnership business relationship and dissolve the association on April 23, 2016, when disposing of the said private teaching institute on January 2015, 2015, and jointly transferred the said private teaching institute, which was operated by the Plaintiff on the basis of the instant partnership business agreement, from around the beginning of April 2016, to the police officer in the middle of April 2016. In order to adjust the residual property, the Plaintiff and the Defendant transferred the said premium to the said private teaching institute as well as the said private teaching institute operated by the Plaintiff on its own.