(영문) 서울중앙지방법원 2015.06.23 2013가합515258

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(영문) 서울중앙지방법원 2015.06.23 2013가합515258

동업관계부존재확인 등

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 2012, the Plaintiff and the Defendant concluded an agreement with the effect that they shall invest KRW 40,000,000, respectively, in the Seocho-gu Seoul Metropolitan Government Officetel 204 through 206 (hereinafter “instant officetel”) to operate the D Kapet (hereinafter “instant Kapet”) together and to bear 50% each of the revenue and expenditure thereof (hereinafter “instant agreement”).

B. The Plaintiff invested KRW 40,00,000 in accordance with the instant agreement and leased the instant officetel, and the Plaintiff commenced the operation of the instant car page with the Defendant after completing the business report in the name of the Plaintiff on September 10, 2012.

C. The Plaintiff and the Defendant also performed tasks, such as the management of passbooks, customer contact, food cooking, cleaning, etc.

Around March 2013, the Plaintiff filed the instant lawsuit against the Defendant seeking confirmation of existence of the business relationship and payment of the settlement amount, and the Defendant did not participate in the operation from around that time without almost little in the instant car page.

E. The Plaintiff, while operating the instant carpet around July 2013, filed a report on the closure of business, and subsequently withdrawn the part of the instant lawsuit to verify the existence of the business relationship.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Gap evidence 4-1, 2, Gap evidence 5 through 9, Gap evidence 11-3 through 7, 23, and the purport of the whole pleadings

2. The plaintiff's assertion that only 15,00,000 won was invested among the investments promised by the defendant, but also the defendant did not repay the amount after borrowing 15,532,306 won from the carpet, and the carpet was closed for financial reasons.

From September 1, 2012 to June 30, 2013, the sales amount of KRW 85,973,276, which was operated between the Plaintiff and the Defendant as a partner of the instant car page was KRW 1,367,820 if the total expenditure amount was deducted from KRW 84,605,456, then the Plaintiff incurred 20,475,147 as unpaid rent and management fee during the said period.

Therefore, the defendant.

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