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(영문) 서울중앙지방법원 2019.03.29 2017가단5211460
임금
Text

1. The Defendant’s KRW 8,00,000 as well as 5% per annum from December 19, 2017 to March 29, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On March 2014, the Plaintiff and the Defendant entered into a joint business management contract (hereinafter “instant contract”) and agreed that the Defendant invested expenses and deposits for the store operation and that the Plaintiff shall be entrusted with the store operation. The proceeds are 40% of the Defendant’s investment recovery and 30% of the Plaintiff and the Defendant shall be distributed, but when the entire amount of the investment is recovered, the Plaintiff and the Defendant shall receive each 50% of the profits.

B. From April 2014, the Plaintiff and the Defendant operated “E” at the food department stores in Seo-gu Daejeon District Office, Seo-gu, Daejeon. From April 2015, the Plaintiff and the Defendant moved from around April 2015 to run Lestop in the name of “G” from the F and the second floor of Jinjin-si, and thereafter, operated a restaurant of “H” (hereinafter “instant store”) at the same place by changing the type of business thereafter.

C. On March 28, 2017, the Plaintiff and the Defendant agreed to close down the instant store and terminate the instant contract. By April 20, 2017, the Defendant’s deposit for the lease of the instant store was paid to the Plaintiff, and the operating profit from April 1, 2017 to April 20, 2017 was paid to the Plaintiff. The Plaintiff paid the remainder (excluding the urban consulting cost, various expenses, public charges, etc. for removal of public charges, and public charges, etc.) of the instant store’s liquidation cost (excluding the deposit for facilities and rights) to the Plaintiff, each of whom the Plaintiff and the Defendant paid 50% of the remainder (excluding the deposit for the establishment and rights) after adding the operating profit from April 1, 201 to April 20, 2017 to the remainder remaining after the instant store reorganization to the Plaintiff, and the Defendant paid the remainder to the Plaintiff at least one million (hereinafter “instant agreement”).

The Plaintiff operated the instant store until April 17, 2017, and deposited money into the account for operating revenues of the instant store in the name of the Defendant from April 3, 2017 to April 20, 2017, the total amount of KRW 7,208,688, and the instant case.

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