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(영문) 수원지방법원 성남지원 2018.07.10 2015가합1686

투자수익금 등

Text

1. The Defendant’s KRW 162,222,09 for the Plaintiff and KRW 5% per annum from November 1, 2015 to July 10, 2018.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are joint business operators of a postnatal care center in Sungnam-si, Manam-si C (hereinafter “instant cooking center”).

B. E, F, G, and H entered into a joint operation agreement with respect to the cook of this case with the content that they would have 1/4 each of their business shares by investing KRW 560 million in around 2009.

C. On May 3, 2009, the Plaintiff entered into a sales contract with E to purchase 1/4 shares of E’s cooking KRW 140 million. The Plaintiff transferred E’s shares on May 11, 2009 and became a joint operator of E’s cooking.

The defendant purchased 3/4 shares of F, G, and H on March 201, and became a co-operator of the instant cook.

On March 201, the Plaintiff agreed with the Defendant to take charge of managing the instant cook and distribute profits therefrom to the Plaintiff without setting the duration (hereinafter “instant partnership agreement”).

E. On October 27, 2015, the Plaintiff notified the Defendant of the instant application for change of the cause of the claim that “to terminate the instant partnership agreement and withdraw from the partnership,” and the Defendant received the application for change of the cause of the claim on October 29, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Plaintiff and the Defendant concluded the instant partnership agreement in order to manage the instant cook, and was in the partnership relationship (hereinafter “instant partnership”). On October 27, 2015, the Plaintiff notified the Defendant of his intention to withdraw from the partnership relationship, thereby withdrawing from the instant partnership.

Therefore, the Defendant is obligated to pay to the Plaintiff gains 11,748,191, and delay damages therefrom, from March 201, when the instant partnership agreement began to exist until October 2015 when partnership relationship terminates.

B. Furthermore, the Plaintiff is around.