약정금
1. The defendant's assistant intervenor's motion to intervene shall be dismissed;
2. The Defendant’s KRW 48,876,074 and this shall apply to the Plaintiff.
1. Basic facts
A. On July 2012, the Plaintiff and the Defendant concluded a partnership agreement (hereinafter “instant partnership agreement”) with a content that leases the three-story building located in D in Silung-si (hereinafter “instant building”) and operates a singing room on the first floor and the second floor, and distributes the profits from the lease to 5:5 (hereinafter “instant partnership agreement”).
The Plaintiff invested KRW 30,00,000, and the Defendant invested KRW 90,000,000, respectively, and paid the lease deposit, convenience store and singing room with the above investment, and the Defendant managed the profits of convenience store and singing room for about one year.
B. On July 25, 2012, the Plaintiff and the Defendant leased the instant building from E in the name of the Plaintiff as KRW 40,000,000, and KRW 3,300,000 (including value-added tax).
On July 25, 2012, KRW 5,000,000 of the deposit, the Defendant paid each of the remainder KRW 35,000,000,000 to E on August 17, 2012.
C. The Defendant received delivery from E of the instant building, and around September 2012, installed a total of approximately KRW 60,000,000 in the instant building’s convenience store and singing room. The Plaintiff and the Defendant began convenience store and singing room business from around that time.
From September 2012 to June 2014, the Defendant comprehensively managed the profits and expenditures of convenience stores and singing banks.
On November 13, 2013, the Defendant paid KRW 5,000,000 to the Plaintiff as a profit.
With the consent of the Plaintiff and the Defendant: (a) on November 23, 2013, the Plaintiff and the Defendant moved part of the first floor of the instant building to F in KRW 10,000,000, a deposit of KRW 600,000; and (b) the Defendant received KRW 10,000,000 from F until December 10, 2013.
E. Upon filing the instant lawsuit, the Plaintiff stated in the written complaint that the Plaintiff would withdraw from the partnership relationship and receive investment and earnings from the Defendant.
The duplicate of the above complaint reached the defendant on September 30, 2014.