(영문) 서울중앙지방법원 2020.10.16 2018가합586668

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(영문) 서울중앙지방법원 2020.10.16 2018가합586668

정산금

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The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The underground 1 and 2 floors of buildings located in Dongjak-gu Seoul Metropolitan Government E (hereinafter “the building of this case”) are F Sarina (hereinafter “Sarina”).

is used for the business of the Corporation.

B. On April 18, 2003, with respect to the operation of the Defendants, G, H, and the instant friendship, the Plaintiff invested KRW 800,000,000 equivalent to the ratio of 40% out of the total capital amount of KRW 2,00,000,000 in the following table, and jointly runs the said friendship, and the Plaintiff shall settle an amount equivalent to the ratio of 40% out of the total profit accrued from the said friendship in proportion to their respective shares and distribute the amount at the ratio of 40% to their respective shares.

AB concluded the agreement.

G 200,000,000 Won 25% 12.5% Defendant C 100,000,000 won 12.5% 12.5% Defendant B 100,000,000 won 12.5% 12.5% 100,000,000 won H 200,000,000 won 25% in total 80,000,000 won 25% in total.

C. The Plaintiff’s investment amounting to KRW 114,00,000 among the instant partnership agreement was increased to KRW 114,00,000.

After the conclusion of the instant partnership agreement, G and H withdraw from the said partnership agreement.

E. On June 25, 2018, the Plaintiff sent to the Defendants a certificate of content indicating that the Plaintiff would withdraw from the instant trade agreement, and around that time, the said certificate reached the Defendants.

[Judgment of the court below] Facts without a dispute, Gap evidence Nos. 1 and 3, and the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is the amount calculated by the ratio of 14.2% (i.e., 114,000,000 won ± 800,000,000 won, and less than the first decimal place; hereinafter the same shall apply) of the Plaintiff’s actual share to the amount equivalent to 40% of the total profit under the said trade agreement to the Plaintiff withdrawn from the said trade agreement.

Of them, the unpaid amount of KRW 164,91,819 and the Plaintiff’s share in the private loan of this case, including the net assets, goodwill, etc.

유사 판례

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