동업계약해지 및 정산금
1. Ascertainment that the partnership agreement concluded on October 6, 2015 between the Plaintiff and the Defendant was terminated.
2. The defendant.
Facts of recognition
A. On August 25, 2015, the Plaintiff entered into a contract on the transfer of the right (facilities) to acquire the premium amounting to KRW 160,000,00 between E and F, the former operator of the Daehan (hereinafter “C Deputy Commissioner”) located in Nam-gu, Busan (hereinafter “C Deputy Commissioner”).
B. On September 22, 2015, the Plaintiff and the Defendant, without setting the duration of existence, conducted a partnership business and operated the instant Deputy Director, and drafted a contract for a partnership business with the content that the share of the joint business is set at 50:50 and that all profits and expenses are to be distributed according to the said share ratio.
(2) Around October 6, 2015, the Defendant concluded a lease agreement to lease the land and buildings located in G Co., Ltd. and the Jeju Deputy Director from October 6, 2015 to June 20, 2016, the lease deposit amount of KRW 128,000,000, monthly rent of KRW 9,000,000.
The Defendant spent KRW 8,00,000 as real estate brokerage commission, and paid KRW 20,000,000 to the Plaintiff as the performance guarantee under the instant business contract.
On the other hand, around October 6, 2015, the Defendant registered the name of the business operator of the third Deputy Director of the instant case as the Defendant.
C. On October 6, 2015, the Plaintiff and the Defendant drafted a partnership agreement with the same content as the instant partnership agreement, and received certification as a notary public HH office certificate in the sense of confirming that date.
In addition to the case, the Defendant operated the instant parking lot “J parking lot” in Busan District Court I as the partnership with the Plaintiff. On December 16, 2016, the Defendant filed an application with the Busan District Court for provisional seizure of the Plaintiff’s claim for the return of the lease deposit against the said parking lot under the head of Busan District Court’s 2016Kadan9394 on December 16, 2016, and received the decision of acceptance on January 4, 2017.
E. After commencing the operation of the Deputy Director, the Defendant is the Deputy Director from November 6, 2015 to the Plaintiff.