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(영문) 대전지방법원 2019.06.19 2018가단202689
정산금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The assertion and judgment

A. The gist of the plaintiff's assertion was that the plaintiff purchased and cultivated ginseng ginseng in collaboration with the defendant, and harvested ginseng and distributed profits therefrom. The defendant asserts that the plaintiff is obligated to pay to the plaintiff the above amount of 120 million won payable to the plaintiff, as the plaintiff is not yet paid the amount of 120 million won in total, including the amount of 40 million won in the ginseng distribution-related investment funds located in Chungcheongnam-si, Chungcheongnam-si, and the amount of 30 million won in the ginseng distribution-related investment funds located in Chungcheongnam-si, Chungcheongnam-si, and the amount of 50 million won in the ginseng distribution located in Chungcheongnam-si. Thus, the defendant is obligated to pay the above amount of 120 million won in the above amount of money payable to the plaintiff and damages for delay.

B. In light of the following circumstances acknowledged based on the overall purport of the statements and arguments by evidence Nos. 2 and 3, namely, the Plaintiff’s total amount of KRW 350 million from the Defendant on March 22, 2011; KRW 100 million on February 29, 2012; KRW 250 million on June 25, 2014; KRW 32 million on June 25, 2014; KRW 30 million on July 14, 2014; KRW 60 million on December 19, 2014; KRW 358 million on December 19, 201; and evidence No. 500,000, KRW 400,000,000 on the ground that each statement of evidence Nos. 1 and 2, and ginseng No. 4 were transferred to the Plaintiff, the Plaintiff did not have any other obligation to assert that the Plaintiff is liable to pay the Plaintiff’s total amount of KRW 3000,000,000,000.

Furthermore, the Plaintiff’s assertion is that, even if the Plaintiff and the Defendant jointly purchased ginseng distribution and harvested ginseng after cultivating, and the Defendant did not distribute all or part of the profits accrued from the joint business, the proportion of distribution of profits and losses between the Plaintiff and the Defendant as to three ginseng distribution, such as the Ginseng Distribution, located in the relevant Chungcheongnam-gun, even though the Defendant did not distribute all or part of the profits accrued from the joint business.

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