logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.10.30 2014가단80118
노임 등
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. The Plaintiff and the Defendant had been living together from around 2013. From February 2014, the Plaintiff discontinued the operation of the said restaurant around June 2014.

[Grounds for recognition] Unsatisfy, C Witness and the purport of the whole pleadings

2. Determination on the main claim

A. Around March 2014, the Plaintiff’s argument that the said brine House was operated as a partnership business, the Defendant would operate the said cafeteria. Around the end of March, 2014, the Plaintiff agreed to liquidate the said brine with the effect that the Plaintiff would pay KRW 9 million to the Plaintiff the remainder of the amount invested by the Plaintiff from the liquor company, KRW 2 million out of the amount invested by the Plaintiff from the brine, KRW 1,164,400, and KRW 200,000 per month from February 2014 to March 3, 2014, and KRW 5 million from April 6, 2014.

B. However, it is difficult to acknowledge the above agreement only with the evidence of the plaintiff's submission, and there is no other evidence to acknowledge it, so the plaintiff's above assertion is without merit.

3. Judgment on the counterclaim

A. The plaintiff and the defendant made an investment of KRW 50 million to jointly operate the above brine house. However, since the plaintiff did not make an investment of KRW 50 million which was agreed upon, thereby causing damages, such as lending money to the defendant, the plaintiff is liable to compensate for the damages caused by the termination of the partnership relationship, and thus, the plaintiff is liable to share the damages.

B. However, the Plaintiff agreed to invest KRW 50 million on the sole basis of the evidence submitted by the Defendant.

or the violation of the Plaintiff’s investment obligation incurred damages to the Defendant.

If any loss was incurred as a result of the settlement of accounts after the completion of the partnership relationship, or after the settlement of accounts, it is difficult to recognize the specific amount, and there is no other evidence to recognize it.

arrow