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(영문) 수원지방법원 2016.08.30 2015나41784
부당이득금
Text

1. The plaintiff's appeal and the claim extended in the trial are dismissed, respectively.

2. This is due to the extension of claims for the costs of appeal.

Reasons

1. Determination on the cause of the claim

A. Regarding the operation of the clothing retail store between the defendant and the plaintiff's spouse "D," which is registered as a business operator under the name of the plaintiff's spouse C, the plaintiff, upon investing the initial business funds, has entered into a partnership agreement with the defendant for five years with the content that the defendant bears expenses for purchase of goods, taxes and public charges, etc., and operates the funds, and that the defendant distributes 20% of profits to the plaintiff.

However, from July 2013, the Defendant failed to perform its obligations under the partnership agreement, such as failure to pay the value-added tax, and the Plaintiff closed its business on September 30, 2014, and the Defendant is obligated to pay to the Plaintiff KRW 29,181,302 of the operating capital or the investment principal (in-house revenue) due to the termination of the partnership agreement and delay damages.

B. The evidence submitted by the plaintiff alone is insufficient to acknowledge the conclusion of the agreement on the business of the plaintiff's assertion, and there is no other evidence to acknowledge it, so the plaintiff's assertion is without merit

2. Thus, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's claim expanded in the plaintiff's appeal and the court of first instance shall be dismissed, and it is so decided as per Disposition.

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