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Reasons
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(영문) 의정부지방법원고양지원 2014.10.23 2014가단51537
정산금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. Around September 2010, the Plaintiff and the Defendant invested in the Defendant’s benefits and expenses, and the Defendant agreed to distribute the remainder to 50:50, excluding the Defendant’s benefits if a profit arises from running a business that sells water quality measuring instruments and provides maintenance and repair services.

(hereinafter “instant agreement”). (b)

Under the instant agreement, the Plaintiff paid 18 million won for the Defendant’s six-month benefit, 2 million won for the lease deposit, and 10 million won for the purchase of goods on November 3, 2010.

C. On October 1, 2010, the Defendant registered the business under the joint name between the Defendant and the Defendant’s wife C (hereinafter “instant enterprise”), and commenced the instant business in the “Seoul-gu E Housing, Seoul-gu, Seoul-gu, where the Defendant’s mother’s domicile.” On February 15, 2011, the Defendant leased the “Seoul Geumcheon-gu, Geumcheon-gu, Seoul 19 Dong 225, KRW 200,000,000 and continued the said business at the said place. On March 8, 2011, the Defendant replaced the representative of the said company as Defendant 1 to engage in the said business.

From June 201, the Plaintiff received KRW 2,00,000 per month as salary while working for the instant business from around June 201, and received KRW 2,50,000 per month as salary from around June 2012.

E. On June 1, 2012, the Plaintiff and the Defendant received each of the KRW 10 million as the operating profit of the instant business, and even thereafter, distributed 30 million to the Defendant around December 2012, and 30 million to December 2013, respectively.

F. On August 5, 2011, the Defendant returned KRW 11,990,000,000 to the Plaintiff’s computer monitoring price liability on behalf of the PC (PC) bank. On January 22, 2014, the Defendant returned the remainder of KRW 20 million at the Plaintiff’s request.

[Reasons for Recognition] Gap's 1 to 8, 11, 19 (including branch numbers if there are branch numbers), Eul's 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that it is between the Defendant and the Defendant.

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