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(영문) 의정부지방법원고양지원 2020.01.17 2019가합74129
약정금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 2016, the Plaintiff and the Defendant entered into a partnership agreement (hereinafter “instant partnership agreement”) with each other to operate a mutually agreed household store “E” (hereinafter “E”).

B. The Plaintiff and the Defendant invested 250 million won as cash investment (Plaintiff 150 million won, Defendant 100 million won, and Defendant 100 million won) with the acquisition of existing furniture points, and paid lease deposit and premium, etc. The name of lessee and business registration was the name of the Plaintiff.

C. On September 30, 2017, the Plaintiff and the Defendant agreed to terminate the partnership relationship while operating the instant furniture, and prepared a contract for termination of the partnership (No. 2, hereinafter “instant contract for termination of partnership”).

1. The Plaintiff and the Defendant terminate the instant household business agreement on September 30, 2017.

2. The Plaintiff and the Defendant are jointly and severally liable for taxes, public charges, and various expenses incurred until the termination of the business.

3. The plaintiff and the defendant cannot claim all rights to the management of E at the same time when they terminate the partnership agreement.

4. E from the date of termination of a contract for the same business, the management of E shall be operated solely by the defendant and the representative on the business registration certificate shall be corrected as the sole representative of the defendant.

After cancelling the instant club business contract, the Defendant independently operated the instant household store, and thereafter, the Plaintiff is running around 1.5km from the said household store to the trade name of “F” (hereinafter “Plaintiff’s household store”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 2 and 8, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion and the Defendant terminated the instant partnership agreement, and the Defendant independently operates the instant furniture, but until December 7, 2017, the Plaintiff’s investment was 15.5 billion won.

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