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(영문) 서울동부지방법원 2015.10.16 2014가단40535
정산금
Text

1. The Defendant’s KRW 16,681,860 for the Plaintiff and 5% per annum from August 23, 2014 to October 16, 2015.

Reasons

Basic Facts

On January 2013, the Plaintiff and the Plaintiff’s wife decided to operate a coffee shop (hereinafter “instant store”) with the trade name “E” in 103 of the Seoul Gangdong-gu Seoul Metropolitan Government D Building No. 103, and the Defendant continued to take charge of preparing the opening of the instant store.

As of January 18, 2013, the Defendant entered into a lease contract (A-1) with the content that the Defendant leases the interior works of the instant store from March 1, 2013 to February 28, 2015, between F and F, KRW 103 of the Gangdong-gu Seoul Building, KRW 20 million for lease deposit, KRW 20 million for monthly rent, KRW 210,000 for rent, and the term of lease from March 1, 2013 to February 28, 2015.

On March 2013, the Plaintiff invested its funds in the instant store, such as purchasing goods necessary for the opening of the instant store with the Plaintiff’s credit card and cash.

The Defendant requested the Plaintiff to withdraw from the store business of this case on the ground that the three parties, including the Plaintiff, C, and the Defendant, did not generate any profit in operating the store of this case, and agreed to withdraw from the store business of this case on the condition that the Plaintiff, C, and the Defendant receive the settlement of the money invested by the Defendant.

Accordingly, on July 2, 2013, the Plaintiff, along with C and the Defendant, drafted a partnership agreement on the operation of the instant store (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

Article 2 (Receive Property) The facilities provided by the Defendant for the operation of the present store of this case are as shown in the separate sheet, and it is confirmed that the value was KRW 100 million, assessed without objection by the Plaintiff, C, and the Defendant.

Attached Form

The card of approval in the list of approval (investment) shall be settled by the defendant for the monthly use, and the obligation to pay the loan and the amount of investment shall be faithfully performed.

- cash;

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