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1. The Defendant: (a) KRW 31,661,225 to the Plaintiff; and (b) KRW 5% per annum from May 12, 2012 to August 9, 2013 to the Plaintiff.
Reasons
1. Basic facts
A. On September 30, 2011, the Defendant operated a first floor store in Gangnam-gu Seoul Metropolitan Government C building (hereinafter “the instant store”) with each other, “D” on a lease deposit of KRW 35 million and at KRW 3.3 million per rent month.
B. On November 1, 2011, the Plaintiff: (a) remodeled the interior of the instant store from the Defendant; (b) continued to operate a futures shop as before; and (c) concluded a partnership agreement with the Defendant with the following contents (hereinafter “instant partnership agreement”) on a proposal that the Defendant would operate the instant store as a partnership business at night; and (d) offered a proposal that the Defendant would operate the store as a partnership business at night:
1) The ratio of distribution of profits and losses arising from the start-up business among the plaintiff and the defendant is 50:50.2) The value of the store of this case operated by the defendant is 50 million won (35 million won for lease) and the plaintiff invests 25 million won in cash, which is 50% of which is 50% of its capital, and the plaintiff shares 50% of the expenses incurred for the start-up business of the store of this case.
C. From November 7, 2011, the Defendant: (a) around the instant store from November 7, 201, purchased the interior equipment, such as furniture, household appliances, etc.; and (b) commenced business at the instant store around December 9, 201.
Before the commencement of business, the Plaintiff paid the Defendant a total of KRW 25 million on July 7, 201, KRW 14.1 million on the same month, KRW 7.5 million on the 20.7.5 million on the 20th day of the same month, and KRW 25 million on the 20.5 million on the 20th day of the same month. The Plaintiff paid KRW 3 million on November 14, 201, KRW 29 and KRW 17 million on the 29th day of the same month, and KRW 4,815,250 on the 115,250 on the 2011, Dec. 8, 2011. After the commencement of business, the Plaintiff additionally paid KRW 4.5 million on the 10 million on the 15.5 million on the 15 million on the 2011 on the 25.5 million on the 25 million on the 2015.
E. After the commencement of business, the Defendant was in exclusive charge of the management of funds, such as revenue and expenditure, etc., and the Plaintiff also.