정산금
1. All appeals filed by the Plaintiff (Counterclaim Defendant), Defendant (Counterclaim Plaintiff), and Defendant C are dismissed.
2. The appeal costs.
1. Under the main sentence of Article 420 of the Civil Procedure Act, the reasoning for this part of this Court is as stated in Paragraph 1 of the reasoning of the judgment of the first instance except for the second instance as follows.
All of the “Defendant Company D” and “Defendant Company” in the judgment of the court of first instance shall be deemed to be “Stock Company D” and “Defendant Husband and wife” to be “Defendants” (hereinafter the same shall apply). From the fifth to the fifth judgment of the court of first instance, “from March 2011 to July 201” are deemed to be “from July 201”, and “from April 201 to October 201” in the same behavior shall be deemed to be “from October 201.”
The 6th decision of the court of first instance was prepared with "the 14th decision".
In the 6th 18th 18th 2th 18th 18th 18th 18th 3th 6th 6th 6th 6th 18th 3th 201, “The entry of the evidence Nos. 2, 10, and 87 in the evidence Nos. 2, 10, and 87, and the fact inquiry of K in the first 1st 26th 2018, the result of the fact inquiry and the purport of the entire pleadings against K in this Court.”
2. Determination as to the plaintiff's main claim against the defendants
A. The Plaintiff’s summary of the Plaintiff’s assertion and the Defendants entered into a partnership agreement on the instant restaurant, and Defendant B dealt with the overall business of the instant restaurant, and Defendant B terminated the partnership relationship by delivering the instant store to K on February 28, 2013, and thus, the Plaintiff may claim against the Defendants for the distribution of operating profits generated from the instant restaurant according to the share ratio as stipulated in the partnership agreement.
Therefore, the Defendants are obliged to pay the settlement amount and its delay damages calculated as follows to the Plaintiff.
1) The total operating income of the instant restaurant) accrued from February 8, 2006 to 2013 from February 8, 2006 to February 2013 (total value added tax included 8,670,815,620 won and the total amount of sales reported by Defendant B by Defendant B, 6,721.