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(영문) 서울중앙지방법원 2015.07.08 2015가합500762

정산금청구의소

Text

1. The Defendant’s KRW 6,800,000 and the following day shall be 5% per annum from December 4, 2014 to July 8, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s family business relationship 1) around 2005, the Plaintiff and the Defendant are real estate D in Gangnam-gu Seoul Metropolitan Government 120-1 of the first floor (hereinafter “D real estate”).

)F real estate (hereinafter referred to as “F real estate”) No. 114 of the underground floor of Gangnam-gu and Seoul E-si.

(2) A joint operation of a business and a joint operation of a business agreement was made orally to have one-half of its profits divided (hereinafter “instant business agreement”).

(2) The Plaintiff and the Defendant jointly operated D real estate and F real estate from around that time. According to the renewed lease agreement, on November 10, 2007, the lease agreement for D real estate with the Plaintiff as the lessee at KRW 40,000,000 (excluding premium), monthly rent of KRW 1,800,000 (excluding value-added tax), and on F real estate with the Defendant as the lessee at January 21, 2008, was concluded respectively.

3 The sales revenue and expenditure expenditure of D Real Estate and F Real Estate shall be managed by the Plaintiff, and the funds for D Real Estate shall be directly managed by the Plaintiff, and the funds for F Real Estate shall be remitted from G accounts in the name of the Defendant or F Real Estate, and the funds for F Real Estate shall be managed by the Defendant or F Real Estate, and the Defendant shall settle accounts of 1/2 of the monthly profits accrued until March 20

(b) Agreement on termination and settlement of the partnership relationship.

1. The Plaintiff shall adjust D/F real estate and pay D/D real estate to the Defendant after settling accounts of D/D real estate 2,300 and F/F real estate 5,500.

(2. Payment Method: The plaintiff will pay to the defendant 1/2 of the down payment deposited at the time of D(Real Estate) contract the remainder at the time of the balance.

3. The Plaintiff shall bear the comprehensive real estate holding tax (payment on May 2013) related to D (real estate) in 2012.

4. The defendant shall assist the real estate rearrangement as necessary.

5. The change in the right to telephone numbers is directed to the Plaintiff by September 7, 2012.

6. The Plaintiff shall not later than December 31, 2012 (based on the contract date).