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(영문) 대구지방법원의성지원 2016.04.27 2014가단2855

동업계약해지로 인한 정산금지급청구

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

가. 동업관계 원고와 피고는 2003년경 동업하여 제주도 등지에서 마늘을 선매입계약(일명 ‘밭뙈기’) 등의 방법으로 구입한 후 이를 판매하되, 마늘 판매대금에서 원고와 피고가 부담한 구입대금 및 창고ㆍ운송비용 등 경비를 공제한 후 수익을 1/2씩 나누어 갖기로 하였다.

B. In 208, the Plaintiff and the Defendant entered into a prior purchase contract with each of the local horse farmers in Jeju-do, and in relation to the above contract, the Plaintiff paid the total of KRW 301,480,000, and the Defendant paid the total of KRW 60,150,000, respectively.

On the other hand, the defendant received 5,900,000 won from the plaintiff in advance from the plaintiff and delivered it to Myman cultivator.

B) From May 23, 2008 to June 10, 2008, the Plaintiff purchased 85,219,000 won in total on six occasions, and the Defendant purchased 12,120,000 won in total. (c) The Plaintiff used 56,402,400 won in personal mobilization expenses, such as personnel mobilization expenses, transportation expenses, storage expenses, and storage expenses, and the Plaintiff spent 17,247,90 won in each amount.

2) The Plaintiff and the Defendant sold the May purchased in 2008, thereby making profits of KRW 386,322,00, the Plaintiff earned profits of KRW 104,335,00 from the Defendant, and KRW 104,35,00 from the Defendant. 【Grounds for recognition】 Facts without any dispute, Gap evidence Nos. 1 through 35 (including the number when there are various numbers), Gap evidence Nos. 36-1 through 7, Eul evidence Nos. 36-2 (including the number when there are various numbers), and Eul evidence Nos. 2

2. According to the above facts as to the cause of the claim, the sum of the money the Plaintiff spent in the partnership relationship in 2008 is KRW 49,001,40 (= KRW 301,480,000) (= KRW 55,219,400,000) and the sum of the profit-making amount is KRW 386,32,00,000. The sum of the money paid by the Defendant is KRW 33,617,900 (= KRW 60,150,000) and KRW 55,90,120,000,000, KRW 17,247,900) and the profit-making amount is KRW 386,32,00.