정산금 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
The court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance except for dismissal or addition of part of the judgment of the court of first instance as follows. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[The part to be removed or added] The second part of the second part of the 6th part of the 2nd part of the 2nd part stating that “not later than October 2010 spent KRW 73,330,000,000, and was sold KRW 18,003,306 using the credit card device in the name of the defendant.”
After the second 15th “facility investment money” is added to “or 73,30,000 won equivalent to the value of the facilities the Defendant acquired by using the facilities installed by the Plaintiff and the credit card terminal in the name of the Defendant, and the sum of KRW 18,003,306, the sum of KRW 91,33,306, which the Plaintiff earned by using the credit card terminal in the name of the Defendant.”
The evidence set forth in Part 20 of the Second Instance is “other evidence” as “each description of the evidence set forth in Category 1, 2, and 4 through 11 (including numbers; hereinafter the same shall apply).”
Following the third place of construction work, “the third place of construction work” and “the Plaintiff’s turnover in the industrial complex operation” are added.
The grounds for appeal Nos. 2, 3, 8, and 9 of the 3rd and 8th and 9 are as follows: “A’s lack of existence or Defendant’s use of the facilities installed by the Plaintiff is not sufficient to recognize it solely on the basis of each description of evidence Nos. 2, 3, 8, and 9.”
The 3rd page “50,500,000 won” is deemed to be “5,500,000 won”.
In addition, the defendant alleged that he had operated a restaurant in the name of E in the vicinity of the 3rd place following the 14th place. The statement in the evidence No. 11 of this case alone is that KRW 18,003,306 of the card sales deposited in the account in the name of the defendant as the defendant used the credit card terminal in the name of E.