(영문) 광주지방법원목포지원 2020.01.03 2018가단52793

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Reasons

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(영문) 광주지방법원목포지원 2020.01.03 2018가단52793

지분금

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1. The Defendant’s KRW 11,717,558 to the Plaintiff and KRW 5% per annum from July 11, 2018 to January 3, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 14, 2015, while engaging in funeral business with the trade name “C”, the Plaintiff entered into a partnership agreement with the Defendant to operate the said business (hereinafter “instant partnership agreement”) around June 2017.

B. The Plaintiff initially operated the foregoing funeral business with D (from September 2015 to July 2016), E (from May 2016 to May 2017). At the time of entering into the instant club business agreement with the Defendant, the Plaintiff had a security deposit claim in an amount of KRW 15 million for the instant hospital (hereinafter “the instant security deposit claim”). Meanwhile, at the time of entering into the instant club business agreement with the Defendant, there was a claim to refund the security deposit amounting to KRW 15 million for the instant hospital (hereinafter “the instant vehicle”).

C. Upon entering into the instant partnership agreement, the Plaintiff and the Defendant invested each of the instant vehicles and the instant claim for the refund of deposit, and the Defendant invested KRW 13 million, but the Defendant is entirely responsible for operating the said business, and the Plaintiff and the Defendant decided to distribute the profits therefrom to KRW 50:50.

Since then, there was a dispute between the Plaintiff and the Defendant regarding the distribution of profits, and the Plaintiff expressed to the Defendant his intention to withdraw from the instant partnership around November 27, 2017.

In the process, the Plaintiff and the Defendant paid to the Plaintiff KRW 3 million in relation to the change of the name of each of the instant vehicles and the business owner to the Defendant with the settlement payment following the Plaintiff’s withdrawal, and KRW 15 million in relation to the change of the nominal owner of the instant claim for the refund of deposit to the Defendant.

E. Accordingly, the Defendant’s total sum of KRW 3 million on January 2, 2018 and KRW 11 million on January 26, 2018 to the Plaintiff.

유사 판례

-광주지방법원목포지원 2020.01.03 2018가단52793

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