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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On January 1, 2014, the Defendant leased from C the lease deposit of KRW 30 million, monthly rent of KRW 330,000,000, and from January 28, 2014 to February 28, 2016, the Plaintiff run real estate brokerage business under the trade name of “E Licensed Real Estate Agent” in the instant building.
1. The two persons shall be engaged in partnership business from May 1, 2014.
2. Trade name shall be F Licensed Real Estate Agents (for a legal entity, scheduled real estate consulting);
5. All the amount of guarantee money and facility expenses concerning the lease contract for E real estate shall be apportioned in half the amount of equity; and
6. All incomes and expenditures generated from May 1, 2014 shall be shared by one half of the shares, respectively.
(Disbursement: Monthly, management expenses, advertising expenses, telephone expenses, Internet expenses, food expenses, taxes, and all other expenses incurred)
B. On May 1, 2014, the Plaintiff and the Defendant concluded a contract under which the instant building jointly runs real estate brokerage business (hereinafter “instant trade agreement”), and the main contents are as follows.
C. Around May 2014, the Plaintiff and the Defendant agreed to establish a stock company instead of registering its business with the trade name “F Licensed Real Estate Agents”. Accordingly, on May 21, 2014, G established a stock company G (hereinafter “G”), and on May 16, 2014, G concluded a lease agreement with the Plaintiff and the instant building under the same conditions as the previous one.
The Plaintiff paid KRW 35 million (= deposit KRW 15 million) in accordance with the instant trade agreement. The Plaintiff paid KRW 20 million for the premium of KRW 15 million.
E. On December 11, 2014, the Plaintiff requested the Defendant to terminate the instant partnership agreement as of December 31, 2014, and the Defendant consented thereto.
[Basis] Facts without dispute, Gap evidence 1, 3, 5, Eul evidence 8 and 9, Gap evidence 11-1 to 4, the purport of the whole pleadings
2. As to the principal lawsuit
A. The plaintiff's assertion.