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(영문) 서울남부지방법원 2018.06.22 2018가합100633
손해배상(기)
Text

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 a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 2017, the Plaintiff and the Defendant established and jointly operated a junishing business establishment on the three floors of the Gangseo-gu Seoul Metropolitan Government DD Building (hereinafter “instant store”). The first investment (lease deposit, premium, etc.) and operating expenses are borne by the Plaintiff, and the Defendant entered into a partnership agreement with the Defendant to assign the Plaintiff’s junishing operations, customer management, etc. and to distribute operating profits at the ratio of Plaintiff 70% and Defendant 30% (hereinafter “instant partnership agreement”). The details of the said agreement are as follows.

Trade Name: Address of business place: The plaintiff, the defendant, and the defendant, in case of the three business units of building in Gangseo-gu Seoul Metropolitan Government

1. The Plaintiff shall make all investments, such as initial investments (security deposits, premiums, air-conditionings, materials), etc.

2. Funds invested during the maintenance business period shall be subtracted from operating income;

Provided, That when operating income has not been accrued, the plaintiff shall bear it.

When the business is closed, the plaintiff shall bear all the losses including taxes.

Provided, That the defendant shall faithfully perform his/her duties during the business period.

(E) When considering the objective criteria throughout the business of customer management, the plaintiff must faithfully engage in such review. If the plaintiff does not faithfully engage in such review, the plaintiff may claim damages.

3. Plaintiff 7 of net profit (excluding general expenses for materials, such as rent, etc., and personnel expenses): The business owner shall be the defendant and the business owner shall have the right to deposit, premium, house collection, etc. when he/she intends to retire from his/her business for at least one year.

B. In accordance with the instant trade agreement, the Plaintiff borne KRW 12 million for the premium of the instant store and KRW 10 million for the lease deposit. The Plaintiff and the Defendant concluded a commercial building lease agreement after completing business registration under the name of the Defendant. The Plaintiff and the Defendant are “C” from April 10, 2017 to “C” in the instant store.

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