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1. Of the bonds listed in paragraph (1) of the attached list and the bonds listed in paragraph (2), KRW 97,638,327, the Plaintiff respectively.
Reasons
1. Basic facts
가. 원고와 피고는 2013. 11. 25. 상호 출자하여 단팥빵 제조판매 사업을 경영하기로 하는 동업계약을 체결하고, 그 무렵부터 서울 D역 지하상가에서 ‘E’이라는 상호로 단팥빵 제조판매 점포(이하 ‘이 사건 점포’라고 하고, 원고와 피고가 동업계약에 의하여 설립한 조합을 ‘이 사건 조합’이라 한다)를 운영하였다.
B. During the operation of the instant store, conflicts arose between the Plaintiff and the Defendant, and the instant association dissolved on June 10, 2014 when the Plaintiff’s written claim for dissolution of the association reaches the Defendant.
C. As to the instant association, the following:
2.(b)
1) As seen in paragraph (1), there is no remaining business of the partnership, separately, in addition to collecting lease deposit claims which are residual property, and deposit claims. 【The fact that there is no dispute over grounds for recognition, entry in evidence Nos. 2 and 18, and the purport of the whole pleadings.
2. Determination on the claim for distribution of remaining property
A. At the time of concluding the instant partnership agreement, the Plaintiff agreed to contribute KRW 112,700,000 as the lease deposit for the instant store and KRW 30,000 as the royalties incurred in addition to the interior expenses of the instant store to be invested by the Defendant, and the Defendant agreed to contribute KRW 128,70,000 as the interior expenses of the instant store. Accordingly, the Plaintiff invested KRW 16,000 as the deposit amount of KRW 128,70,000 (= KRW 112,700,000 as the deposit amount of KRW 16,00,000, while the Defendant did not contribute to the money agreed to contribute.
However, since the defendant provided labor, but received the price therefor, the defendant cannot be deemed to have invested labor in the union of this case.
Therefore, the ratio of investment in the instant association to Plaintiff 100%: Defendant 0%, and each claim listed in the separate sheet, which is residual property, should be reverted to the Plaintiff according to the above ratio of investment.
Therefore, among the remaining property of the plaintiff, the plaintiff is entitled to Paragraph 1, Paragraph 2, and Paragraph 3-A of the attached Table.
(b).