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(영문) 서울남부지방법원 2019.04.23 2018가단15912
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On March 12, 2018, the Plaintiff jointly operates a restaurant in the Defendant, Guro-gu, Seoul, and the first floor. However, the Defendant invested KRW 40 million in total, and KRW 70 million in restaurant lease deposit, and the Plaintiff entered into a partnership agreement with the content that the Plaintiff intends to operate the restaurant overall (hereinafter “instant partnership agreement”).

B. The defendant renounced the joint operation of the above restaurant within 30 days of the opening of the above restaurant, while the plaintiff was aware of the plaintiff, and the plaintiff operated the above restaurant and paid the plaintiff KRW 1 million per month to the defendant as interest rate of KRW 70 million per month.

C. Since the Defendant unilaterally occupied the Plaintiff’s profits from the restaurant operation and reported the closure of business, etc., the Defendant ought to pay the following money to the Plaintiff:

① The Defendant shall pay to the Plaintiff KRW 20 million out of the premium amounting to KRW 40 million, which the Defendant received when transferring the above restaurant to a third party in accordance with the note of the Defendant’s preparation (Evidence A A).

② The Plaintiff borrowed KRW 4.5 million at the time of the opening of the above restaurant and paid KRW 1 million to the previous owner on behalf of the Defendant and KRW 800,000 monthly premium, and disbursed the rice value, etc. at the beginning of the business, the Defendant must pay the said KRW 4.5 million to the Plaintiff.

③ At the time of the above restaurant opening, the Defendant had 3.1 million won for congratulatory money received from the Plaintiff’s children, and the Defendant must pay the said 3.1 million won to the Plaintiff.

④ Since the above restaurant is in the name of the defendant, the defendant should pay 710,262 won to the plaintiff at the time of running the above restaurant.

⑤ Since the Defendant unilaterally discontinued the above restaurant and did not perform the agreement on the operation of the restaurant, the Defendant ought to pay the Plaintiff KRW 5 million monthly salary for the 80-day restaurant run by the Plaintiff.

Ultimately, the defendant 3,310.

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