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(영문) 서울남부지방법원 2018.01.09 2016가단233433
정산금 등
Text

1. Defendant B pays to the Plaintiff KRW 21,000,000.

2. The plaintiff's primary claim and the remainder of the conjunctive claim.

Reasons

1. Summary of the plaintiff's assertion

A. On November 201, the Plaintiff entered into a partnership agreement with Defendant B to operate a restaurant together and distribute profits equally. From around 25th of the same month, the Plaintiff operated the restaurant with the trade name “E” in Seocho-gu Seoul Metropolitan Government from around 25th of the same month.

Business registration of the above restaurant was made in the name of the plaintiff.

B. At first, Defendant B, after the lapse of time, did not go to a restaurant, and Defendant B was able to engage in most of the cafeterias.

C. Upon the completion of daily work, the Plaintiff deposited revenues into the bank account in the name of the Plaintiff managed by Defendant B (hereinafter “instant account”).

Since November 13, 2011 to June 12, 2014, the Plaintiff borrowed a total of KRW 81,802,500 from the lending company to the restaurant operation fund.

E. On December 2012, the Plaintiff and the Defendant: (a) operated a restaurant by changing the trade name of the restaurant into “F”; (b) closed the restaurant; and (c) opened and operated a new restaurant with the trade name “H” in Seocho-gu Seoul Metropolitan Government around June 2013.

F. On January 13, 2014, the Plaintiff closed a restaurant and finished the partnership with Defendant B.

Although the Plaintiff demanded the Defendant B to distribute the profits, the Plaintiff believed that Defendant B did not have any revenue.

G. Defendant B continuously transferred money from October 2012 to September 2014, to the bank account in the name of Defendant C, which is the parent of his female (hereinafter “Defendant C’s account”), and Defendant B immediately withdrawn money from the instant account without permission, and used money to repay the personal debt of Defendant B.

The amount transferred from the instant account to the Defendant C’s account is KRW 416,191,00, and the amount transferred from the Defendant C’s account to the instant account is KRW 267,646,147.

(Differences 148,54,853). H.

around July 2014, the Defendants are operating a restaurant with the trade name “J” in Gangseo-gu Seoul Metropolitan Government I.

The above restaurant.

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