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Reasons
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(영문) 부산지방법원동부지원 2015.08.17 2015가합100333
약정금
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1. The plaintiff's lawsuit against the defendant D shall be dismissed.

2. Defendant B and C jointly share KRW 50,000,000 to the Plaintiff and this shall apply.

Reasons

1. Basic facts

A. A. On March 11, 2013, the Plaintiff, Defendant B, and C concluded a partnership agreement with the content of the following (hereinafter “instant partnership agreement”) with the Plaintiff, Defendant B, and C to operate the Fju (hereinafter “instant main store”) located in Busanjin-gu, Busan (hereinafter “instant main store”).

(2) Terms and conditions of the agreement

1. A (Defendant B), B (Plaintiff), and C (Defendant C) shall be co-operatings;

2. The workplace shall be Busan Jin-gu E.

3. Joint investment of Gap, Eul, and Byung in each of 50 million Won, and the distribution rate of profits and losses shall be 37.5% for Gap, Eul 37.5% for Byung, Byung 25% for Byung and 50,000 won for Byung.

4.The lease contract and the name in the licence shall be C and D, and the rights shall be composed of C, B and C.

7. When a person Gap, Eul, or Byung intends to withdraw, the total amount of investments shall be refunded within one year from the beginning date of such business and after one year, within one year from the beginning date of such business.

(3) After entering into the instant trade agreement, the Plaintiff, Defendant C, and B entered into a lease agreement for the workplace under Defendant D’s name (a lease deposit of KRW 25 million), and registered the business under Defendant D’s name.

B. (1) The Plaintiff, upon jointly operating the main points of this case with Defendant C, B, and the instant main points, retired from the instant Dong business around July 31, 2013.

(2) The main points of this case are currently operated by Defendant B and C.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 5 (including paper numbers), witness G testimony, defendant's personal examination result against defendant C, the purport of the whole pleadings

2. Determination as to claims against Defendant B and C

A. The Plaintiff asserts that the Plaintiff agreed to refund KRW 50 million to the Plaintiff who left the instant partnership business by February 28, 2014.

As to this, Defendant B and C did not agree to return KRW 50 million to the Plaintiff, and the Plaintiff withdraws from the partnership within one year from the beginning date of the partnership.

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