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(영문) 서울중앙지방법원 2015.08.19 2013가합87098
동업수익금 반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On July 29, 2008, the plaintiffs asserted with the defendant and the 7th floor of the E building located in Eunpyeong-gu Seoul Metropolitan Government D, concluded a partnership agreement with the defendant to jointly operate the "Friina" at the 25% shares of the plaintiffs and 50% shares of the defendant in the way of distributing profits and expenses according to the above shares ratio.

Of the above private loan sales, the Plaintiffs managed cash, and the Defendant and the Defendant decided to settle monthly revenues. From January 2009 to October 2013, the Defendant deducted the Defendant’s share in the credit card sales deposit deposited into the Defendant’s account and did not pay only KRW 470,935,309 out of the total amount of 669,028,163, which the Defendant should pay to the Plaintiffs, and paid only KRW 198,092,854.

(However, the plaintiffs asserted that the aggregate of the acquisition tax and registration tax paid by the plaintiffs, the aggregate of KRW 34,578,698, the property tax, the aggregate of KRW 13,146,975, and the traffic inducement charges of KRW 6,166,360 are included in the unpaid settlement amount. Meanwhile, at the time of the above trade agreement, the defendant prepared and entered into an agreement with the plaintiffs that 51% of the management rights of the above friendship is against the plaintiffs, and the plaintiffs and the defendant agreed to have permanent management rights of the above friendship.

Therefore, the defendant is obligated to pay the plaintiffs a settlement amount of 9,046,427 won (i.e., 198,092,854 won ± 2) and delay damages for the settlement amount due under the above business agreement. For the sound maintenance of the business relationship, the above letter of business or business registration shall be changed to the plaintiffs.

2. Determination

A. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1, 2, and 3, the plaintiffs and the defendant entered into a business agreement with the defendant to jointly operate the "Fowna" (hereinafter "the instant store") located on the seventh floor of the E-building located in Eunpyeong-gu Seoul Metropolitan Government (hereinafter "the instant business agreement") on July 29, 2008.

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