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(영문) 인천지방법원 2017.05.26 2016나59464

기타(금전)

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 12,040,271 and KRW 2,040,271 among them.

Reasons

1. Basic facts

A. On May 29, 2014, the Plaintiff entered into a partnership agreement with the Defendant with the content that: (a) the Plaintiff provided a gold-type type technology; (b) the Defendant provided three gold-type type technology; (c) as well as jointly operating the “C,” a gold-type production company, for ten (10) years; and (d) each share of which is 50% by means of business and finance (hereinafter “instant partnership agreement”).

B. However, on February 28, 2015, KCTech completed the operation of C by acquiring technical manpower, major equipment, etc. including the Plaintiff.

C. The amount of settlement of accounts that the Plaintiff received from August 1, 2014 to July 30, 2015 is KRW 80,650,00, and the amount of settlement of accounts that the Defendant received from August 1, 2014 to August 26, 2015 is KRW 45,810,00.

The Defendant deposited the operating income in his name (hereinafter “instant partnership account”) to the account in his name, and on October 20, 2015, the balance of the said account as of October 20, 2015 is KRW 22,211,095.

[Reasons for Recognition] Unstrifed Facts, Gap evidence 1, Eul evidence Nos. 1, Eul Nos. 1, 2, 9, and 11, each entry (including paper numbers; hereinafter the same shall apply), and the results of the financial transaction information reply to a company bank

2. Determination on the claim for settlement of accounts

A. The Plaintiff’s assertion is KRW 45,810,000, ① KRW 22,211,095 of the partnership account of this case as of October 20, 2015, ② the sum of KRW 68,073,408, and KRW 138,094,50 if the Defendant’s total sum of KRW 2,00,000,000 (=45,810,000, KRW 22,211,095, and KRW 68,073,408,008, as of October 20, 2015, which was paid to the Defendant for the settlement of accounts of the partnership account of this case, and ② the Defendant’s personal use of KRW 2,00,000, which was paid by E.

The above money is more than 57,44,503 won paid to the Plaintiff (i.e., 138,094,503 won - 80,650,000 won). Therefore, the Defendant is obligated to pay the Plaintiff the settlement amount of accounts (i.e., 57,44,503 won x 50% x 50%, hereinafter the same shall apply) and delay damages.

B. The judgment shall include the instant trade property between the Plaintiff and the Defendant.