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1. The Defendant’s KRW 42,701,815 as well as the Plaintiff’s KRW 5% per annum from March 27, 2013 to October 10, 2014, and the following.
Reasons
1. Basic facts
A. On December 1, 2010, the Plaintiff and the Defendant agreed to lease a D pharmacy’s “D pharmacy” (hereinafter “instant pharmacy”) to operate at the same rate of shares of 1:1 (a) around December 1, 201, along with the shop of 1st floor C in Gwangju Mine-gu, Gwangju (hereinafter “instant pharmacy”).
B. As of September 30, 2012, the Plaintiff and the Defendant agreed to terminate the instant partnership agreement in the form of withdrawal from the Plaintiff, and agreed to make the amount of investment by paying KRW 13,521,721 to the Defendant, as well as KRW 314,737,172, and the Defendant invested KRW 328,258,893, respectively.
C. As the Plaintiff established and operated a separate pharmacy in the netcheon, the instant pharmacy continued to be operated by the Defendant after changing its business registration name from August 13, 2012 to the Defendant.
[Reasons for Recognition - Unsatisfy, Entry of Evidence A No. 14, Purport of the whole pleadings]
2. Determination as to the cause of claim
A. The plaintiff's assertion 1) The plaintiff and the defendant shall pay to the defendant the amount of 314,737,172 won as a result of settling accounts of initial investments, additional investments, mid-term recoverys, etc. for the opening of the pharmacy of this case. The defendant invested KRW 328,258,893. Thus, the plaintiff shall pay to the defendant the amount of 6,760,860 won equivalent to half of the above difference and the amount of 15,000,000 won deposited in the head of the plaintiff's head of Mapo-gu.
B) As of August 12, 2012, the Plaintiff and the Defendant decided to settle the inventory of the instant pharmacy. As of August 12, 2012, the drug inventory KRW 108,33,567 and the transaction partner balance KRW 111,680,701, the Plaintiff shall pay the Defendant the amount of KRW 1,673,567, a half of the difference of KRW 3,347,134, and KRW 1,67,567, which is the difference. 2) The amount that the Defendant shall pay to the Plaintiff shall be paid to the Plaintiff.