(영문) 서울남부지방법원 2018.08.28 2016가단258944

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(영문) 서울남부지방법원 2018.08.28 2016가단258944

기타(금전)

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1. The plaintiff's primary claim against the defendant B is dismissed.

2. The Plaintiff:

A. Defendant B shall be 31,425,000 won and this shall apply.

Reasons

1. Basic facts

A. From August 31, 2003 to May 2013, Defendant B, along with D, operated “G beauty room” (hereinafter “instant beauty room”) in the building E of Yangcheon-gu Seoul, Yangcheon-gu Seoul (hereinafter “instant beauty room”), and at the time, the Plaintiff and Defendant C worked as an employee of the instant beauty room.

B. Upon D’s closing of the club business of this case around May 2013, Defendant B would have invested KRW 45 million from the Plaintiff and Defendant C who worked as an employee in relation to the beauty hall of this case.

C. Accordingly, the Plaintiff and the Defendants agreed that “the Plaintiff and Defendant C shall have 25% shares in return for their investment of KRW 45 million, and Defendant B shall have 50% shares in 50%, but the profit distribution was made with the main content that “The Plaintiff shall receive 40% of the sales amount of their respective customers who are attracting three persons as wages, and ② the remainder 60% shall be collected at the joint expense and deducted the expenses for their office maintenance, and distribute the remaining amount to each other according to their respective shares.”

Since then, on May 24, 2013, the Plaintiff to Defendant B:

5. Around 27.27. Two times, the sum of KRW 45,000,000 was paid to Defendant B, and around that time, Defendant C also paid KRW 45,000,000 to Defendant B as funds for the operation of the cosmetic.

E. The Plaintiff and the Defendants continued to engage in beauty art business after newly performing the cosmeticing construction of the instant beauty art room, and the Plaintiff from June 2013 to September 2015.

(2) 11,050,000 won was paid with the settlement of accounts under paragraph (2).

F. On September 30, 2016, the Plaintiff notified the Defendants that the cosmetic was only posted.

G. Meanwhile, the cosmetic was registered under Defendant B’s name, and the lease for the operation of the cosmetic was completed at KRW 80 million and monthly rent of KRW 2.1 million.

[Ground of recognition] Facts without dispute, Gap 1, 3, 6, 7 evidence, Eul 1, 2, 3, 4 and 8 evidence, the purport of the whole pleadings

2. The parties' arguments.

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