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Reasons
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(영문) 울산지방법원 2016.09.20 2015가단56351
손해배상(기)
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1. The defendant shall pay to the plaintiff KRW 120 million with 15% per annum from October 28, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. On January 7, 2014, the Plaintiff and the Defendant concluded a partnership agreement (i.e., a trade name was changed to D) a mutually named restaurant (i.e., “C”).

hereinafter referred to as “instant restaurant”

In order to jointly operate the following, a partnership agreement was concluded with the following contents (only to the parts related to this case shall be cited and recorded:

hereinafter referred to as “instant partnership agreement”

Article 1. General restaurants that sell meat, sugar, copper, liquor, etc. for the purpose of franchise. The Plaintiff and the Defendant participate in the equal ratio (50 per cent respectively).

Article 5. The defendant is jointly referred to as "representative" and the plaintiff as "representative".

Article 13. Losses shall be borne equally in accordance with Article 4.

Article 16 (Matters Subject to Special Agreement)

1. Total capital of 70 million won;

1.7.At 5 p.m., the Defendant’s payments to the Plaintiff is established as such.

2. The defendant shall not participate in the interior work.

3. The name of the building lease contract and the name of the business registration certificate shall be jointly with the plaintiff.

4. No shares shall be adjusted as a matter of the basis of investments made after the commencement of a place of business, such as interior expenses, distribution-related expenses, and investment expenses ( January 7, 2014).

B. The Plaintiff paid KRW 70 million to the Defendant on January 7, 2014 pursuant to the instant trade agreement. (2) The Plaintiff paid the Defendant KRW 50 million on March 14, 2015, and KRW 20 million on March 24, 2015, and KRW 50 million on March 24, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, 7, the purport of the whole pleadings

2. Determination

A. 1) The plaintiff filed a claim for the settlement of accounts due to the termination of the contract of this case. The plaintiff paid KRW 70 million to the defendant pursuant to the contract of this case. The defendant has been entrusted with the operation of the restaurant of this case. The defendant paid the plaintiff about 2 months with the profits of approximately 2 months.

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