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(영문) 서울동부지방법원 2017.09.27 2017나20632
용역비
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On October 2015, the Plaintiff and the Defendant agreed to operate a partnership with the content that, by investing one million won in a conventional market, the clothes, shoes, etc. were sold in a conventional market and distributed half of the profits therefrom.

B. On November 17, 2015, the Plaintiff and the Defendant terminated the partnership relationship with the dispute over the management of sales proceeds and the distribution of sales proceeds.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. On the Plaintiff’s assertion, the Plaintiff asserted that the Defendant agreed to pay KRW 2.5 million per month to the Plaintiff, instead of distributing profits accrued from the operation of the business to the Plaintiff on October 2015, and return KRW 1 million upon the completion of the operation of the business, and that the Defendant claimed against the Defendant KRW 3.5 million (i.e., the agreed amount between October 2015 and November 2015 to KRW 2.5 million (i.e., the Plaintiff’s investment amount of KRW 2.5 million) and delay damages.

The testimony of the witness of the first instance trial and the witness C alone is insufficient to recognize the fact of the agreement as alleged by the Plaintiff, and there is no other evidence to prove it. Therefore, the Plaintiff’s assertion is difficult to accept.

3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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