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1. The Defendant: (a) KRW 182.8 million to the Plaintiff; and (b) KRW 5% per annum from September 14, 2017 to November 22, 2018; and (c).
Reasons
Basic Facts
The following facts shall not be disputed between the parties, or may be recognized by comprehensively considering the whole purport of the pleadings in each entry in Gap evidence 1, 2, and Eul evidence 2:
On April 2016, the Plaintiff and the Defendant agreed to start the business of opening the Defendant’s name to authorize the instant department (hereinafter “instant department”).
The defendant for the same year
6. Around 20.20. Business registration is completed with the trade name "C", and the same year.
7. At the beginning, this case’s business was commenced.
On July 26, 2016, the Plaintiff and the Defendant concluded a business partnership agreement on the instant business (hereinafter “instant business partnership agreement”) or the instant business partnership agreement with the Defendant, which the Plaintiff and the Defendant agreed to contribute at the same ratio, in a regular manner, and the part relating to the instant case is as follows:
In the joint establishment of a partnership contract C, two joint investments shall be made in principle, and in order to distribute profits accruing from the business of C in their respective shares, a joint project contract shall be concluded as follows:
Article 1 (Joint Investment Obligations) A (Defendant, hereinafter the same shall apply) and B (Plaintiff, hereinafter the same shall apply) among the investments necessary for running C, the obligation of investments by Gap to start a joint investment project by jointly investing 50% and 50% of the investments necessary for running C.
Article 3 (Obligation to Share Profits) A shall distribute profits according to the ratio of investment of A and B after the settlement of accounts each month from the date the joint business commences to the termination of the contract.
(except for the cost of maintaining a project, profit distribution shall take precedence over the cost of maintaining a project. The cost of maintaining a project shall include various public charges, rent, and other sales cost and personnel expenses of Party A who is actually operated.
The personnel expenses of Gap shall be three million won per month.
By September 30, 2016, the Plaintiff paid a sum of KRW 260 million to the Defendant, including KRW 80,000,000,000 for the lease deposit of this case to the Defendant, and the Defendant invested KRW 5,00,000.
This case's defense is determined.