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(영문) 춘천지방법원 강릉지원 2018.09.19 2017가단33090
동업자금 반환 청구의 소
Text

1. The Defendant’s KRW 347,945 as well as the Plaintiff’s annual rate of KRW 5% from October 14, 2017 to September 19, 2018.

Reasons

1. Basic facts

A. On March 10, 2015, the Plaintiff agreed with the Defendant to operate a sufficient restaurant as a partnership business (hereinafter “instant partnership business agreement”); on March 10, 2015, the Plaintiff and the Defendant leased a building located D (hereinafter “instant building”) at Saml-si from C (hereinafter “instant building”); on March 10, 2015, KRW 80,000 per month for lease deposit; and on January 1, 2015, KRW 90,00 per month for rent.

The above lease contract was originally prepared in the name of the plaintiff (No. 1-1), and again prepared by changing the lessee in the name of the defendant (No. 1-2) and then obtained a fixed date in the lease contract under the name of the defendant.

The name of the operator of the sufficient restaurant was registered as the defendant.

B. 40 million won of the above lease deposit was paid by the Plaintiff by means of remitting it to the E-name account designated by C with its own funds.

C. From April 30, 2015, the original Defendant: (a) made mutual investment in the instant building; and (b) decided that the Defendant provided sufficient cooking technology, etc. and distributed profits therefrom at the rate of 5:5; and (c) operated a sufficient restaurant with the trade name “F” in the instant building from April 30, 2015 (a lease agreement for the instant building was explicitly renewed on or before March 10, 2017); (c) from June 8, 2017 to the original Defendant, the Defendant was unable to enter the instant building by changing the key of the instant building to the Plaintiff; and (d) thereafter, the Defendant is operating the building independently.

[Ground of recognition] Facts without dispute, Gap 1 through 3 (including paper numbers), Eul 2, the purport of the whole pleadings

2. The partnership agreement under the Civil Act, which determines the cause of a claim, is a contract under which two or more persons agree to jointly invest and operate a business (Article 703(1) of the Civil Act). If a partner withdraws from a partnership, barring any special circumstance, the remaining person at the time of withdrawal pursuant to Article 719(1) and (2) of the Civil Act.

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