정산금
1. Plaintiff (Counterclaim Defendant) who exceeds the following order of payment among the part concerning the counterclaim of the first instance judgment.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 21, 2013, the Plaintiff and the Defendant entered into a partnership agreement with the Plaintiff and the Defendant, setting the ratio of profit distribution as 50% each, respectively, and jointly run the wholesale and retail business with the trade name “C” from April 1, 2013.
B. On April 10, 2014, the Plaintiff and the Defendant terminated the partnership relationship, and the Defendant alone operated “C”, and assessed “C”’s total assets as KRW 110,024,922, and the Defendant paid KRW 55,012,461 to the Plaintiff by May 31, 2014, the total assets of “C” as KRW 110,024,92.
(3) The Plaintiff and the Defendant paid KRW 24,150,000 to the Plaintiff according to the first settlement agreement (hereinafter “the first settlement agreement”). Since June 2014, considering that the Plaintiff and the Defendant raised issues with respect to the second settlement agreement and the Defendant had more investment amount of the Defendant at the time of the operation of the business, the glass inventory amount is divided by the proportion of 3:4. The Plaintiff and the Defendant paid KRW 31,388,764 (hereinafter “the outstanding amount of the insurance in this case”) to the Plaintiff, and the outstanding amount, 31,388,764 (hereinafter “the outstanding amount of the insurance in this case”), and the assets, such as the outstanding amount, to the other general customers, are owned by the Defendant and the outstanding amount of KRW 14,60,000 (hereinafter “the balance of the settlement in this case”) to the Defendant at the end of each month from July 31, 2014 to June 31, 2014 (hereinafter “the last day of each month”).
On July 31, 2014, the Plaintiff paid KRW 2,943,00,00,000, after deducting the insurance outstanding amount deposited by the insurance company to the Defendant’s account from KRW 5,000,000, which the Plaintiff is obligated to pay to the Defendant. On August 31, 2014, the Plaintiff paid KRW 3,070,000 after deducting the outstanding amount deposited to the Defendant’s account from KRW 130,00.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence Nos. 1, 3, 4, and 5 (including branch numbers), and all pleadings.