beta
(영문) 서울중앙지방법원 2019.03.27 2016가합570461

정산금청구의 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. From around January 2003, the Plaintiff entered into a partnership agreement with the Defendant on the following matters, while operating a private teaching institute (hereinafter “the instant private teaching institute”) under the trade name “EA” in the Seocho-gu Seoul Metropolitan Government Cbuilding D (hereinafter “the instant private teaching institute”).

(hereinafter “this case’s partnership agreement”). ① The Plaintiff transfers 1/2 of the equity interest in the instant private teaching institute to the Defendant in KRW 160,000,000.

② The Defendant shall manage the instant private teaching institute upon receipt of KRW 3 million per month, and shall distribute one-half net profits, excluding rents, salaries to the Defendant and employees, and other expenses, from the total revenues accruing from the instant private teaching institute.

B. On March 11, 2006, the Defendant transferred KRW 1,000,000 to the Plaintiff, and the Plaintiff did not pay the settlement amount to the Plaintiff until November 2015. The Plaintiff demanded the Defendant to pay the settlement amount between the Plaintiff and the Defendant, and there was a dispute between the Plaintiff and the Defendant regarding the calculation method of the settlement amount.

C. On January 12, 2016, the Plaintiff filed the instant lawsuit against the Defendant seeking the payment of the settlement amount under the instant trade agreement, and around that time, the Defendant filed a complaint with the Seoul District Prosecutors’ Office on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement).

(2018No. 4292, hereinafter referred to as "related criminal cases") d.

On March 4, 2016, the Plaintiff terminated the instant partnership agreement with the Defendant; however, the Defendant agreed to pay the Plaintiff KRW 215,000,000 as follows.

The Agreement B AF E AB AB

E. On March 4, 2016, the Defendant paid KRW 5,070,00 to the Plaintiff on the date of the instant agreement, and deposited KRW 209,876,750 in the Plaintiff’s future on May 1, 2018, and recorded the following reasons for deposit:

(hereinafter “instant deposit”). The depositor and the deposited person agreed on March 4, 2016 on the termination of the instant contract, but the deposited person continues to settle the amount during the process of agreement.