logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.10.12 2017가단50395
정산금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2...

Reasons

1. Facts of recognition;

A. The defendant is a person who owns 202 house of the C building (hereinafter “the store of this case”) in Gyeyang-si, and D is a person who engages in the business of manufacturing beer.

B. On May 2010, the Plaintiff, the Defendant, and D agreed that the instant store would be operated by accepting the instant store from E operating Lestop in the instant store and operating the Mastop.

For this purpose, the plaintiff, the defendant and D invested 30 million won each, and D supplied beer and beerer, and the defendant decided to take charge of the operation of Lestop.

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

On May 1, 2010, the Plaintiff, the Defendant, and D paid KRW 27 million to E as premium for the instant store, and paid KRW 30 million to the Defendant as a lease deposit for the instant store. On June 1, 2010, the Plaintiff, the Defendant, and D began with the instant store’s trade name “F” (hereinafter “the instant Lestop”).

The Defendant was in charge of the management and operation of the instant Lestop in accordance with the instant business agreement, and transferred the instant Lestop in return for the premium from G around May 2015.

E. When the Plaintiff demanded the Defendant to distribute residual assets, etc. on the grounds of the termination of the partnership relationship, the Defendant notified the Plaintiff to the effect that “All positive assets, such as goodwill, etc., including goodwill, were 68,836,799, while the Defendant notified the Plaintiff that “The Plaintiff would have left for net losses of KRW 20,110,613.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, Eul evidence 1 and 2, witness D's testimony, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. At the time of the instant trade agreement, the Plaintiff’s assertion 1 by the parties would settle the profits of the instant Lestop monthly and bring profits to the month during which the profits accrue, the Defendant in charge of its operation would bring about its personnel expenses within the maximum of two million won, and the remainder of profits.

arrow