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(영문) 인천지방법원부천지원 2016.12.23 2016가합249
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 4, 2006, the Plaintiff and the Defendant entered into a partnership agreement with the effect that the Plaintiff invested business funds of KRW 250,000,000 and the Defendant jointly operates the “C” aimed at the manufacturing industry, such as hardware and building attachment (hereinafter “instant partnership agreement”).

B. The Plaintiff and the Defendant divided C’s operating profits into one-half of each of the above business agreements, and the contract term is two years from the date of commencing the business, but automatically extended unless there is any ground for disqualification.

C. Around that time, the Plaintiff and the Defendant completed business registration with the trade name of joint business operators, and jointly started the manufacturing industry, such as hardware and building attachment.

On November 30, 2009, the plaintiff reported to the effect that he has withdrawn from the joint business place of Eul, and the defendant has operated C alone until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's primary claim 1) The plaintiff withdrawn from a joint business operator on November 30, 2009 on C's business registration certificate, but did not terminate the contract of this case.

Therefore, the instant agreement remains valid until February 2016, in which the instant lawsuit was brought. Since the Defendant did not pay C’s operating earnings to the Plaintiff from December 2009, the Defendant is obligated to pay KRW 631,250,309, the aggregate of C’s operating earnings from December 2010 to 2015, KRW 315,625,154, the Defendant is obligated to pay KRW 631,250,625,154.

B) Since the instant trade contract was terminated on February 2016, in which the instant lawsuit was instituted, the Defendant is obligated to pay the Plaintiff KRW 116,50,000,00, which is the remaining property at the time of termination (i.e., KRW 20,000,000, KRW 96,500,000, which is the leased deposit (i.e., KRW 96,500,000), and accordingly, the Defendant is obligated to pay the Plaintiff KRW 58,250,00,000, which is the remaining property at the time of termination. (iii) Accordingly, the Defendant is the

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