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1. The Defendant: KRW 19,347,545 for the Plaintiff and KRW 5% per annum from March 11, 2016 to April 20, 2017.
Reasons
1. Judgment on the plaintiff's primary argument
A. The plaintiff asserts to the following purport.
1) Around 2006, the Plaintiff decided to operate the network C, the Defendant, and the drug wholesaler D as a partnership business. On December 29, 2006, the Plaintiff deposited KRW 65 million into the account in the name of E, the wife of the network C, and invested KRW 35 million, respectively. On January 22, 2008, the Plaintiff recovered KRW 15 million out of its own investment. (2) Around April 2009, the Plaintiff died of its partner C.
After that, in 2013, the defendant agreed with E to settle the partnership relationship with C by paying KRW 125 million to E, who is the wife of C.
3) The Plaintiff withdrawn from the Dong business around July 31, 2013. 4) The Defendant shall pay to the Plaintiff the Plaintiff the sum of KRW 50 million in the Plaintiff’s investment balance ( KRW 65 million - KRW 15 million) and the Plaintiff’s share of KRW 90 million in operating income from January 1, 2007 to July 31, 2013 (the amount agreed upon with the Defendant E minus KRW 125 million after deducting KRW 35 million in its investment amount from KRW 125 million in its agreement with the Defendant).
B. First, we examine whether there exists a partnership relationship between the Plaintiff and the Defendant.
According to the evidence Nos. 1, 2, and 1-2-1 through 3, etc., it is recognized that on December 27, 2006, the Plaintiff transferred KRW 65 million to the account of Daegu Bank under the name of the deceased C, the wife of the Plaintiff, and the Plaintiff’s joint and several surety for the credit guarantee of the Plaintiff’s wife in 2009 and 201, and that the Plaintiff’s wife offered the H apartment owned by the Plaintiff’s wife as security for D in 2014.
However, there is no entry into a contract for the partnership business between the plaintiff and the defendant, and the defendant prepared a contract for the partnership business of Eul and D on April 5, 2013, which is the wife of C, and the plaintiff did not participate in the contract. The reason why the plaintiff does not participate in the partnership business contract if the plaintiff is a party to the partnership business.