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(영문) 서울동부지방법원 2016.06.28 2015가합100851
동업재산분배금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On November 18, 2012, the Plaintiff and the Defendants agreed to operate a store operated by Defendant B (hereinafter “instant store”) in the name of “E” from the first floor and underground floor of Gangdong-gu Seoul, Gangdong-gu, Seoul, the Plaintiff’s mother, as the Plaintiff’s mother, as the Plaintiff’s mother. The Plaintiff and the Defendants drafted a letter of agreement with the following contents.

① The Plaintiff and the Defendants have equal ownership of Plaintiff 40%, Defendant B 40%, and Defendant C20% shares in the instant store, and are equally responsible for the net profit of total sales and the shares in the event of business loss.

Provided, That the contract period may be extended by agreement of three persons.

② When Defendant B withdraws shares prior to the contract period, 50% of the premium collected at the time of selling the instant store is distributed to the Plaintiff.

B. Defendant B, after the business partnership agreement, was practically in charge of the operation of a store, and on November 30, 2012, the opening of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the operation of the "F" under the above business partnership agreement, but there are many persons, and the operation of the operation of the operation of the operation of the operation of the operation of the operation of the business was completed, and the deficit was also accumulated, but the deficit was also accumulated.

C. Upon continuous accumulation by the enemy, the Plaintiff notified the Defendants of his/her intention to withdraw from the partnership agreement on June 2013, and left Korea on January 4, 2014 without engaging in business.

Defendant B, around September 2013, changed the instant store into “H” and continued to conduct business operations for a period of one year. On September 15, 2014, Defendant B transferred the H’s operating right to KRW 250 million to I.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s assertion and the Defendants agreed to receive 50% of the premium at the time of selling the instant store. Since Defendant B sold the instant store in KRW 250 million, the Defendants paid KRW 125 million among them to each Plaintiff.

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