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1. The Defendant’s KRW 3,066,219 as well as 5% per annum from May 2, 2018 to April 11, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. A. Around December 2015, the Plaintiff and the Defendant operated the restaurant (hereinafter “instant restaurant”). The Plaintiff and the Defendant concluded a business agreement (hereinafter “instant business agreement”) with the following content: (a) the Plaintiff provided the place of business (Seoul Metropolitan City Member D, E), fixtures, facilities, etc.; (b) the Defendant provided labor and directly operates the restaurant under the name of the Defendant, and (c) divide profits into 1/2.
B. The Defendant operated the instant restaurant from December 21, 2015 to August 31, 2016 pursuant to the instant business agreement.
C. Meanwhile, around August 9, 2016, the Plaintiff and the Defendant agreed to terminate the instant partnership agreement as part of August 31, 2016. The Plaintiff concluded a lease agreement with the Defendant, setting the instant restaurant as the lease deposit amount of KRW 50,000,000, monthly rent of KRW 4,000,000 (Additional Tax Table), and the period from September 1, 2016 to August 31, 2018 (hereinafter “instant lease agreement”).
In operating the instant restaurant, the Defendant paid 1/2 of the profits from May 2016 to the Plaintiff. However, the profits from June 1, 2016 to August 31, 2016 were not distributed to the Plaintiff.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including branch numbers), and the purport of the whole pleadings
2. Summary of the parties' arguments
A. In order to settle the partnership relationship between the Plaintiff and the Defendant with respect to the instant restaurant, the Defendant shall pay KRW 32,497,166 to the Plaintiff, and the Plaintiff shall pay KRW 14,982,555 to the Defendant. The Plaintiff shall claim payment of KRW 17,514,61 (=the aforementioned KRW 32,497,166 - the above KRW 14,982,555) remaining after offsetting each of the above money to the Defendant.
(1) The amount to be paid by the Defendant to the Plaintiff is ① 26,409,132 won 6.14,063,661 won, 7.6,018,907 won, and 8.6,326 of the profits from the cafeteria from June 2016 to August 2, 2016.