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(영문) 수원지방법원 2018.10.16 2016나74644
정산금 등
Text

1. Of the judgment of the court of first instance, KRW 74,262,078 against the Plaintiff and its related thereto, from September 16, 2015 to October 16, 2018.

Reasons

1. Basic facts

A. From December 201, the Plaintiff and the Defendant engaged in the online shopping mall advertising agency business (hereinafter “instant business”) with the trade name D from around December 201.

B. Around May 2012, the Plaintiff and the Defendant, along with the co-defendant C of the first instance court from Jeju-do, agreed to conduct a business against tourists (hereinafter “Do tourism business”). The Plaintiff and the Defendant provided the land in Jeju-do owned by it, and the Plaintiff and the Defendant provided the required funds, such as the penta Construction Fund.

C. around September 3, 2013, the Defendant expressed to the Plaintiff the intent to withdraw from the partnership relationship with the Plaintiff, including the instant business and Jeju-do tourism business (hereinafter “instant business”). Accordingly, the instant partnership relationship was terminated.

The Plaintiff filed a lawsuit against the Defendant in Suwon District Court against the Defendant in this case seeking each payment of loans granted through the Defendant in relation to the instant business and the first instance court’s joint Defendant C, and the first instance court rendered on October 18, 2016, the Plaintiff’s claim against the Defendant in this case against the Defendant in relation to the Jeju-do tourism business was accepted in its entirety due to the admission of the confession, and the claim against the Defendant in this case was declared as partly citing the amount of KRW 6,67,619 and the damages for delay. The judgment between the Plaintiff and the above C became final and conclusive.

[Ground of recognition] Facts without dispute, entry of Gap evidence 3, 4, and 15, obvious facts in records, the purport of the whole pleadings

2. The plaintiff's assertion

A. As to the instant business, 186,135,780 won exceeds positive property 51,231,105 won, the Defendant calculated the settlement amount corresponding to 1/2 of the Defendant’s shares out of the remaining small-sized property borne by the Plaintiff at the time of termination of the partnership relationship with respect to the said business (=(186,135,780 won - 51,231,105 won)/2, and (2), and (37).

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