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(영문) 창원지방법원 2015.04.01 2014나1663
정산금
Text

1. Of the judgment of the court of first instance, the Defendant’s KRW 41,308,00 and its relation to the Plaintiff shall be annually from June 14, 2012 to April 1, 2015.

Reasons

1. Basic facts

A. On March 2010, the Plaintiff and the Defendant jointly operated the 'C’ clothes sales store (hereinafter “instant sales store”) on the 3rd floor of the Durburcian department store located in Gosi-dong, Gosi-si, 2010, and divided profits.

(hereinafter referred to as “instant trade agreement”). (b)

Under the instant business agreement, the original Defendant invested 35 million won in cash, and paid 30 million won to D head office of the sales store of this case, and used the remainder as expenses for interior interior interior interior interior interior interior of the sales store. The Defendant set up a collateral security right to the Plaintiff and the maximum debt amount of 100 million won with respect to the instant apartment house owned by E by the Defendant’s mother, the Defendant set up a collateral security right to the Plaintiff and the maximum debt amount of 100 million won with respect to the instant apartment house owned by the Defendant.

C. On April 1, 2010, the Plaintiff registered the business of the instant sales store and started business around June 2010, and was in charge of the said sales store’s business until December 1, 201 when reporting the closure of business.

The sum of value-added tax, global income tax, and additional charges imposed on the Plaintiff in relation to the instant sales store is KRW 52,616,00 as of December 5, 2014.

E. The Plaintiff and the Defendant were in a de facto marital relationship during the period of the above business, and were living together in the Defendant’s house owned by H.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5, Eul evidence 20, 21, 22, and 23, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) around December 1, 201, which was the cessation date of the sales store of this case, the Plaintiff left the Dong business relationship of this case, and the Defendant is obligated to pay the settlement amount to the Plaintiff.

(2) At the time of withdrawal of the Plaintiff, the partnership’s property was active property of KRW 104,802,355 (i.e., net profit of the sales store of this case KRW 74,802,355), and the sales store deposit of this case KRW 8,691,00, and the tax amount of KRW 52,616,00 imposed in the name of the Plaintiff as a small property, and the amount of KRW 52,616,000 imposed in the name of the Plaintiff. The ratio of the original Defendant’s investment was KRW 63:37 [Plaintiff’s investment KRW 71,00,000 in cash].

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