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(영문) 수원지방법원성남지원 2014.02.11 2013가단33194
결산분배약정금
Text

1. The Defendant: (a) KRW 2,677,500 for the Plaintiff and 5% per annum from November 30, 2012 to February 11, 2014, and the following.

Reasons

1. Basic facts

A. On January 19, 2012, the Plaintiff and the Defendant jointly invested in cash of KRW 50 million in business-related goods or cash amounting to KRW 50 million, and thereby selling functional shoes, functional food, high-frequency therapy equipment, etc. However, they concluded a partnership agreement (hereinafter “instant partnership agreement”) with the content that both the Plaintiff and the Defendant share operating profits and operating losses, and the residual assets (including premium) after the completion of the partnership business at the rate of 1/2.

B. In accordance with the instant business agreement, the Plaintiff and the Defendant acquired the right to lease on part of the first floor of Songpa-gu Seoul Metropolitan Government D Commercial Building (hereinafter “instant commercial building”) from C on January 17, 2012, from KRW 20 million, and on January 31, 2012, between E and E, a lessor, a lease agreement was concluded between KRW 25 million, monthly rent, KRW 12 million, and the lease agreement was concluded between January 31, 2012 to January 30, 2014, and thereafter, the business of the instant commercial building began at around that time.

C. The Plaintiff received KRW 1,50,000 per month in exclusive charge of the business of operating the sales store, but did not generate operating profit, and thus did not distribute profits to the original Defendant. Ultimately, the Plaintiff and the Defendant agreed to terminate the instant business agreement on November 2012, but to receive one-half of the total assets, other than the liabilities, from the business property.

Accordingly, the Plaintiff and the Defendant transferred the lease right to the instant commercial building in KRW 15 million to F. On November 3, 2012, the Plaintiff and the Defendant transferred the lease right to the instant commercial building in KRW 15 million to F. On November 29, 2012, the Plaintiff paid the remainder of KRW 13.5 million from F. On November 29, 2012, the Defendant received the lease deposit amount in KRW 25 million from E. on November 29, 2012.

[Ground for Fact-finding] Unsatisfy, Gap evidence 1, Eul evidence 3-12, Eul evidence 59, the purport of the whole pleadings

2. The Plaintiff’s assertion is accompanied by KRW 25 million, which is the property of the same business as at the time of termination of the instant partnership agreement.

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