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(영문) 서울서부지방법원 2018.04.25 2016가단243439
정산금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

1. Facts of recognition;

A. After the original Defendant leased a store in Yongsan-gu Seoul Metropolitan Government and agreed to jointly operate a restaurant, the said store was leased to KRW 30 million in lease deposit and KRW 220 million in the name of the Defendant and opened the Chinese restaurant in February 2015, with the name of “D”.

The original defendant operated the above restaurant in the manner that the plaintiff is responsible for the management of the Hall while the defendant is responsible for personnel expenses for the management of the Hall, without determining the profit sharing method, ratio, etc.

B. After completing business registration under the name of the Defendant, the Defendant made and used one copy of the credit card connected thereto in his own name after making a business passbook, but the said credit card was unable to be used for a few months due to business depression, and around September of the same year, the store rent was not paid properly.

C. In the process of continuing business depression, the Defendant did not work from December 1, 2015, and the Plaintiff, alone, operated the said restaurant and suspended the business on April 23, 2016.

On April 11, 2016, the Defendant filed a claim with the Plaintiff for the dissolution of a partnership business, and returned 82,550,000 won of its own investment, and notified the Plaintiff of the repayment of the loan KRW 6,50,000,000,000.

5. 9. An application for conciliation against the Defendant for conciliation of the principal legal action against the Defendant for the payment of the settlement amount following the termination of the pertinent business.

E. While the principal defendant operated the above restaurant separately or did not inform the other party of the sales or expenses, the principal defendant paid or insufficient expenses from time to time to time by the credit card sales deposited by the business account passbook to the individual's money as required.

F. Meanwhile, on May 10, 2016, the following day after the Plaintiff discontinued the operation of the said restaurant and instituted the instant principal lawsuit, the lessor of the said store is the lessee.

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