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(영문) 인천지방법원 2019.01.22 2017가합59979
정산금 등
Text

1. The Defendant’s KRW 74,693,00 among the Plaintiff and KRW 55,600,000 among the Plaintiff, shall be KRW 19,00 from June 1, 2017, and KRW 19,093,00.

Reasons

1. Basic facts

A. A. Around July 2013, the Plaintiff leased the lease deposit amount of KRW 40,000,000, monthly rent of KRW 1,900,000, and KRW 5,000, other than Incheon-gu C, and five, Nam-gu, Incheon.

From August 22, 2013, the Plaintiff and the Defendant opened a brokerage office in the trade name called F Licensed Real Estate Agent Office (hereinafter referred to as “the primary office”) and operated the said brokerage office after completing the registration of the Plaintiff’s name.

The plaintiff paid KRW 20,000,000 for the human test cost in the course of opening the business.

B. On March 11, 2014, the Defendant completed the registration of transfer of ownership on March 11, 201 with respect to the Yeonsu-gu Incheon G apartment H H on March 11, 201.

C. On April 2014, the Plaintiff and the Defendant acquired the Plaintiff’s expense (60,000,000,000,000 for lease deposit, and KRW 40,000 for premium) from the J real estate real estate real estate agent office (hereinafter “second office”) on five parcels, other than Seoul, Nam-gu, Incheon, and the Defendant operated the said brokerage affairs.

Plaintiff

In February 24, 2015, the first office registered under the name was reported on February 24, 2015, and the Plaintiff and the Defendant disposed of the first office around April 2015, and only the second office was operated thereafter.

E. On May 19, 2017, the Defendant: (a) borrowed KRW 160,000,000 to the Plaintiff; and (b) agreed to repay KRW 10,000,000 each month.

“The loan certificate was drawn up and issued.”

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 16 (including rout number), Eul's evidence 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The Plaintiff and the Defendant concluded a partnership agreement and concluded a real estate brokerage business, and divided one half of the net profits excluding expenses incurred in operating offices such as wages and management expenses during sales. The Plaintiff disposed of the first office and received KRW 160,000,000 from the Defendant around the time of the second office’s transfer to the second office. This is the Plaintiff’s investment amounting to KRW 60,000,000 (= lease deposit amounting to KRW 40,000,000) at the time of the first office.

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