건물인도 및 퇴거 등
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim B are all dismissed.
2. The costs of lawsuit;
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The real estate listed in the separate sheet (hereinafter “instant building”) owns 1/2 shares of each of the Plaintiff and Nonparty E.
B. Defendant B is the Plaintiff’s partner, and Defendant C is the partner of Defendant B.
C. From July 1, 1997 to February 23, 2015, when the Plaintiff was operating a restaurant in the name of “D” on the first floor of the instant building, the Plaintiff agreed with the Defendants on the joint operation of the said restaurant (hereinafter “instant restaurant”) from February 23, 2015 to February 23, 2020, on the condition that the Defendants invested KRW 30,000,000 in the said restaurant, the Plaintiff and the Defendants agreed to divide the profits therefrom equally, and written an agreement thereon.
(hereinafter “instant trade agreement”). D.
On December 4, 2015, the Plaintiff sent to the Defendants, on December 4, 2015, a content-certified mail demanding the Defendants to leave the instant restaurant while the instant club agreement became null and void, because the Defendants unilaterally discovered the Plaintiff in violation of the instant club business agreement and operated the instant restaurant. This was served to the Defendants around that time.
E. Meanwhile, on April 18, 2016, the Defendants sent to the Plaintiff a content-certified mail stating that “the Plaintiff interfered with the joint operation of the instant restaurant by various means in violation of the instant agreement, and thus, the Plaintiff was decided to dismiss the Plaintiff as his/her partner as of April 17, 2016,” which was served on the Plaintiff around that time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 3-1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion: (a) around 2013 and around 2014, the Plaintiff borrowed money at a very high interest rate from Defendant B to raise funds for the operation of the restaurant; and (b) thereby, the Plaintiff shall pay Defendant B a debt of several million won.