beta
(영문) 광주지방법원 2017.10.26 2016가합60138

정산금반환

Text

The defendant's KRW 250,500,000 and its interest to the plaintiff shall be 5% per annum from August 22, 2017 to October 26, 2017.

Reasons

1. Basic facts

A. The deceased G (Death on November 7, 2015) is a child of deceased H (Death on May 13, 1985) who is the husband of the Plaintiff and the Plaintiff.

The Intervenor C is the spouse of the network G, and the Intervenor D, E, and F are the children of the network G and the Intervenor C, and are the successors of the network G.

The defendant is the plaintiff's accommodation on the deceased H's punishment.

B. From around 1995, the Defendant has been running business in Gwangju Mine-gu I as J, and from around 1995, G has been working in the above J from around 195.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4 (including branch numbers where there are branch numbers; hereinafter the same shall apply), Byung evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff entered into a partnership agreement with the Defendant to jointly operate the J, and paid KRW 120,00,000 to the Defendant. In fact, the Defendant exclusively operated the J and distributed the profits therefrom to the Plaintiff. The Plaintiff’s G, who is an son, died while serving as an employee of the J.

After the death of the net G, the Defendant unilaterally proposed the settlement of accounts following the dissolution of the business agreement to the Plaintiff, but did not provide all documents concerning the settlement of accounts.

Accordingly, the agreement between the plaintiff and the defendant was no longer maintained due to the damage to trust relationship, and the plaintiff terminates the agreement to the defendant, and the plaintiff claims for the payment of the remaining property amounting to KRW 250,500,000 (=510,000 x 1/2) in proportion to the plaintiff's 1/2 investment shares among the remaining property amounting to KRW 510,000,000 (=510,000 x 1/2) and damages for delay.

B. The Intervenor G entered into a partnership agreement with Defendant 120,000,000 with each other to operate the J jointly, and had been settled every month by having been directly employed by the J before the death. The Intervenor’s mother, who was the deceased on May 13, 1985, was in custody of inherited property after the Plaintiff’s death.