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(영문) 대전지방법원 2017.11.15 2014가합7043
정산금
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

Reasons

1. Summary of the plaintiff's assertion

A. From May 2009, the Plaintiff and his husband C operated a funeral restaurant (E) located in Seo-gu Daejeon, Seo-gu, Daejeon (hereinafter “First-dong business”). On December 31, 2010, the business relationship was terminated as they closed on December 31, 201, and the business relationship was terminated since March 201, and the business relationship was terminated on February 28, 2013 when the business relationship was operated with the Defendant (hereinafter “second-dong business”).

B. On February 25, 2013, the Defendant agreed to compensate for KRW 100,00,000 of the profit (hereinafter “instant agreement”) in the event that C did not bring about KRW 200,000,000 for the first club business (hereinafter “the instant agreement”), and prepared and delivered a written statement thereon. The Plaintiff and C obtained an investment share of KRW 197,00,000 and KRW 95,000 from June 2009 to December 2, 2010 from the profits earned from the first club business to the amount of KRW 13,275,000,000 for the deduction of the investment share of KRW 197,00.

C. Around January 19, 2013, the Defendant terminated a partnership with respect to the secondary partnership on February 28, 2013, and transferred the name of the business operator to a person designated by C, and the Defendant agreed to pay C KRW 410,000,000 to C (hereinafter “instant agreement”). Although C transferred its business name, the Defendant paid only KRW 279,000,000 to the present date.

Therefore, the Defendant asserts that (i) the Plaintiff as the party to the instant agreement and the agreement, and (ii) the Plaintiff as the assignee of the claim pursuant to the instant agreement and agreement, as the conjunctively, have the obligation to pay KRW 331,00,000 to the Plaintiff, the assignee of the claim pursuant to the instant agreement and the agreement, totaling KRW 200,000 according to the instant agreement and KRW 131,00,000 (= KRW 410,000, KRW 279,0000 - KRW 279,000) pursuant to the instant agreement, the Defendant had the obligation to pay the Plaintiff KRW 331,00,000,000 according to the legal brief dated 30, 2017, but did not modify the purport

There is an obligation to pay damages for delay.

2. We examine the determination of the primary cause of action, witness C, F, and G's testimony and evidence Nos. 2, and B.

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