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(영문) 광주지방법원 2017.07.28 2016가단518197

정산금 청구

Text

1. The Defendant’s KRW 32,239,623 as well as the Plaintiff’s annual rate of KRW 5% from June 9, 2017 to July 28, 2017.

Reasons

1. Basic facts

A. At the time of March 20, 2015, the Plaintiff entered into a partnership agreement (hereinafter “instant partnership agreement”) between the Defendant and the Defendant, who had been operating a chain store in Gwangju metropolitan City as of March 20, 2015, with the content that the Defendant comprehensively manages the operation of the “F Points” (hereinafter “instant store”) and that the Defendant would distribute expenses and profits as follows:

(A) Goods in the share agreement: 203, 204, North-gu, Gwangju Metropolitan City

1. Of the total construction cost of KRW 180,00,000, the Plaintiff (A) shall invest KRW 100,000,000, and KRW 80,000,00, respectively.

2. All expenses for the disbursement of various taxes, etc. incurred later shall be borne by 50% respectively; and

3. The F Points in E will bring about 60% of the Defendant (B) and 40% of the Plaintiff (A).

4. The time of liquidation of this article shall be determined after mutual consultation.

All profits in liquidation shall be divided into 50%.

5. Revenues accruing from the opening of the Froat business and the interior business shall be 50% in return for 50% each;

March 20, 2015

Under the instant agreement, the Plaintiff invested KRW 100,000 in its own investment; the Defendant invested KRW 80,000,000 for each of its own investment; around that time, the Defendant entered into a franchise agreement with Non-Party G Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) (hereinafter “Non-Party Co., Ltd.”) which is the chain of “F Points”); and thereafter, on several occasions from March 20, 2015 to May 10, 2015 (Evidence B No. 8), paid KRW 165,20,000 for Non-Party Co., Ltd or Non-Party Co., Ltd. designated by the Non-Party Co., Ltd. (hereinafter “Non-Party Co., Ltd.”), KRW 50,000 for five separate expenses for installation of Non-Party Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) and KRW 50,050,000 for five expenses for installation of fire-fighting systems (hereinafter “non-Party Co., Ltd. 15,505,”).

(b).