(영문) 대구지방법원 2014.12.02 2013가단5067

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(영문) 대구지방법원 2014.12.02 2013가단5067

임금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. Plaintiff 1) deceased on June 5, 2014, while the instant lawsuit was pending, and the Plaintiff taken over A.

hereinafter referred to as “the deceased”

(2) Around May 12, 2011, the Defendant agreed to receive KRW 2.5 million per month from the Defendant, and operated its business on behalf of the Defendant from May 12, 201 to November 16, 201. However, the Defendant did not pay business expenses to the Deceased from May 12, 2011 to July 31, 201. In addition, the Defendant agreed to pay the Deceased one-third of the business income from the sales that the Defendant operated and bought.

The sales amount of the deceased’s business is KRW 405,074,02, and 1/3 of the profits from which 25% of the operating margin is applied is KRW 33,756,158, and thus, the Defendant is obliged to pay the Plaintiff a reasonable amount of the above profits.

3) Therefore, the Defendant is obligated to pay the above business activity cost of KRW 6,395,00 (the month of May 201 shall be calculated on a daily basis) and the settlement of profits, KRW 33,756,168, and delay damages therefrom. (B) Defendant 1) decided from May 201 to take charge of the business for the Defendant from around May 201. However, the Defendant paid the business activity cost from July 201 to July 201 in consideration of the deceased’s uncertain business ability and the period necessary for identifying business partners. The Defendant paid the business activity cost for July 2011.

2. It is true that the deceased would receive a distribution of profits from business operations, and the defendant will make up sales of KRW 405,074,02 during the above period.

However, the progress rate for the sales is 18%, and the defendant's basic management expenses are deducted by 10%, and the net yield is merely 8%. The defendant not only spent 10,746,800 won to recover the outstanding amount during the business of the deceased, but also finally, the outstanding amount out of the sales due to the deceased's business is 33,175,279 won.

Ultimately, net profits derived from the sale of the deceased's business occur.

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