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1. The Defendant’s KRW 1,620,014 as well as the Plaintiff’s annual rate of KRW 6% from May 1, 2018 to April 24, 2019.
Reasons
1. Basic facts
A. On June 2016, the Plaintiff and the Defendant entered into an agreement to operate a restaurant and distribute the profits therefrom (hereinafter “instant agreement”) by investing KRW 30,000,000,000,000, and operated the restaurant (hereinafter “instant restaurant”) from August 2016 to Ssung City in accordance with the said agreement.
(Business Registration was made in the name of the defendant on July 21, 2016. (B)
The Defendant invested KRW 30 million in accordance with the instant business agreement, and among them, KRW 20 million was used as a lease deposit for the instant restaurant building, and delivered KRW 10 million to the Plaintiff.
C. On October 28, 2016, the Defendant reported the closure of the instant restaurant, and notified the Plaintiff of this fact on October 29, 2016.
After reporting the closure of the business, the Defendant received the lease deposit of the instant restaurant building, and disposed of the house in the instant restaurant.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. Since the instant business partnership agreement was terminated by the Defendant’s unilateral reversal, the Plaintiff and the Defendant must settle the residual property of the instant restaurant.
At the time of the termination of the agreement on the same business, the property related to the restaurant of this case had a sum of KRW 20 million, KRW 15,245,00 in total, KRW 15,00 in total ( KRW 10,345,00 in total, KRW 850,00 in total, KRW 4 air-conditioners, KRW 2,650,00 in total, KRW 1.4 million in CCTV, KRW 1.4 million in total, KRW 5.4 million in total, and KRW 5.4 million in arrears of employees of the restaurant of this case paid by the Plaintiff alone.
The defendant is about KRW 1/2 of the security deposit, KRW 10 million of the estimated sale price of the above house and KRW 10 million of the estimated sale price of the above house (at least KRW 10 million in consideration of the value of the house, at least KRW 5 million), KRW 1/2 of the security deposit, KRW 2.7 million of the wages paid by the plaintiff, KRW 17.7 million of the wages paid by the defendant (1/2), and this is about the plaintiff.