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(영문) 서울중앙지방법원 2020.11.25 2020가단5001571

정산금 청구의 소

Text

1. The Defendant’s KRW 2,558,094 and the Plaintiff’s annual rate of KRW 6% from January 1, 2019 to November 25, 2020, respectively.

Reasons

1. Basic facts

A. On April 16, 2016, the Plaintiff and the Defendant did not recognize the content of the instant partnership agreement as at the time of entering into the agreement, on the grounds that there is no evidence to acknowledge the authenticity of the two special agreement items 1 and 2 among the certificate No. 3 (the instant partnership agreement) of the same partnership agreement (hereinafter “instant partnership agreement”), and as at the time of entering into the partnership agreement of this case.

AB concluded the agreement.

The defendant and the plaintiff shall enter into a contract with the following to jointly distribute profits arising from the joint operation of the "C":

Article 1 (Contribution and Investment Ratio) The Defendant has the right of representation under Article 2 (Representative and Operation) of the total amount of the facility capital of KRW 34 million, KRW 20 million, KRW 5 million, KRW 17 million, KRW 400,000, KRW 5000,000, KRW 17,000,000, KRW 400,000, KRW 500,000, and KRW 51,000,000, KRW 51,000,000, KRW 17,000,000, in consultation with other operators.

Article 3 (Distribution and Time of Distribution of Profits) 50:50 shall settle profits.

Distribution of profits shall be paid five days after the settlement of the monthly payment of benefits.

B. According to the instant agreement, the Defendant started the beauty room business after completing the report on the opening of the business on October 1, 2015, following the lease of the Gangnam-gu Seoul E and 3 floors and around September 2015, the Rotterdam business; the report on the beauty room business (hereinafter “instant beauty room”); and the report on the opening of the business on October 1, 2015.

(A) Although the purport of the instant agreement is somewhat unclear, the instant agreement is a contract under which the Defendant entirely takes charge of the business of the beauty room and receives some profits only from the Plaintiff. The Plaintiff operated an beauty room separate from the beauty room, and the Defendant was an employee of the Plaintiff’s separate beauty room).

From November 2, 2015 to July 5, 2018, the Defendant paid totaling KRW 32,172,950 to the Plaintiff. Of these, KRW 5,00,000 to the Plaintiff is the name of the Defendant’s loan to the Plaintiff (no dispute over the repayment by the Plaintiff thereafter), and KRW 13,892.