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(영문) 부산지방법원 2020.10.23 2019나66798
약정금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. On August 2017, the Plaintiff operated the sports club and the health food promotion center in the trade name of Defendant and four (C, D, E, F) and H (hereinafter “instant store”) from Busan Dong-gu G as the Dong business.

B. The Plaintiff’s business investment amounting to KRW 10 million on September 28, 2017, and KRW 15 million on September 29, 2017 (hereinafter “the instant money”) refers to the Busan Bank I account in the name of the Defendant’s financial account in the instant store’s name.

(A) was remitted to Section 10-1.

C. The instant store commenced business on September 22, 2017. The Plaintiff jointly operated the said store with the Defendant and four employees. From December 2017, the Plaintiff, under the operational regulations of the instant store, “folber II” (Evidence 1) is to deposit investment money and freely engage in sports and anti-competence at the instant store, and to convert the instant store into “a certain brokerage fee may be paid in return for introducing and registering its members.” In addition, the Plaintiff introduced sports customers instead of directly working at the instant store and received the commission in return.

After February 2018, the Plaintiff expressed his intention to withdraw from the partnership relationship.

At the time, C already expressed his intention of withdrawal, and thereafter expressed his intention of withdrawal in sequence D and E.

E. The operation of the instant store was terminated on June 2019, and accordingly, the relationship of the instant store was terminated.

The Defendant and F agreed to take over all the equipment of the instant store in KRW 10 million, and remitted the acquisition price of KRW 10 million to the said account.

F. At the time of the completion of the business of the instant store, the property of the said store is KRW 10 million for acquisition of the said fixtures and KRW 30 million for lease deposit of the instant store.

G. The remaining five members except the plaintiff are five million won each as a settlement amount following the termination of the partnership.

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