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Reasons
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(영문) 대구고등법원 2019.09.04 2018나21846
손해배상(기)
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1. Of the part regarding the counterclaim in the judgment of the court of first instance, 112,90,000 won against the Defendant (Counterclaim Defendant).

Reasons

1. Facts of recognition;

A. On July 15, 2013, the Plaintiff and A (hereinafter referred to as “Plaintiff, etc.”) jointly established D (hereinafter referred to as “D”) with the Defendant, and each of the E stores on August 30, 2013 (hereinafter referred to as “E”) and the F Points on August 20, 2014 (hereinafter referred to as “F Points”) was operated as a partnership (hereinafter referred to as “instant joint venture agreement”).

D and E joint business contract(hereinafter “A”, “B”, “A”, and “A” refer to the Plaintiff) with respect to D and E positions, the purpose of this contract is to perform the duties related to operation in good faith and to determine all rights and obligations related to the profits of the branch and store.

Article 2 (Investment Costs) The initial investment amount (D and E) of this Agreement shall be KRW 200,000,000 (Won 209,000,000), KRW 418,000,000 (Won 418,000,000) for Eul, and KRW 209,000 (Won 209,000,000) for Byung.

Provided, That part of the initial construction amount shall be arranged as the responsibility of the soldier.

Article 4 (Distribution of Shares)

1. D's share ratio in the Project shall be determined by Gap 40%, Eul 30%, Byung 30%, and Byung 30%, distribution arising from the operating profits shall be divided according to the share ratio, and the timing and method of distribution shall be determined by the agreement of all three persons.

2. Of the Project, the E point’s equity ratio is set at A 30%, B 40%, C 30%, and C 30%, and the allocation of monthly sales profits shall be divided into three equal amounts and distributed monthlyly. In the event of sale or transfer of E store, the initial investment expenses in three names shall be paid first, and the remaining amount after the payment shall be paid to each person in accordance with the E point’s equity ratio.

3.The settlement of the sales profit in the above 2 above shall be made on the basis of the end of each month, and the profits therefrom shall be paid immediately in accordance with the respective shares of the 10th of the following month at the latest, and shall be paid from time to time under the three master plans.

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