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(영문) 대구지방법원 2015.12.17 2015가합201194
동업관계부존재확인의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On December 10, 2009, the Plaintiff and the Defendant jointly operated the restaurant from the Daegu-gu land building C (hereinafter “instant building”) to the end of December, 2009, and began to operate the restaurant under the trade name “D” (hereinafter “instant restaurant”) from the end of December 2009.

B. The Plaintiff and the Defendant, while running the restaurant of this case, run the restaurant of this case independently once a year, with frequent disputes, and the operator agreed to give some of the profits to others.

Pursuant to the above agreement, the defendant operated the above restaurant solely from March 2013, and the plaintiff operated the restaurant solely from March 2014.

C. On March 17, 2014, the Plaintiff and the Defendant: (a) committed an injury on the part of the restaurant in the instant restaurant as a trial cost; and (b) committed an injury on the part of each of the instant restaurants; and (c) was charged with a summary indictment on the grounds of such injury and was punished by a fine on June 13, 2013.

(F) On July 4, 2014 to the 15th day of the same month, the Defendant was sentenced to a suspended sentence on August 4, 2015, as he/she intruded on four occasions on the instant restaurant and damaged food materials, etc. and obstructed restaurant business.

(F) On July 2, 2014, the Defendant filed a lawsuit (Tgu District Court 2014Da3892) against the Plaintiff and E claiming for the agreed amount of money (Tgu District Court 2014Da3892) on July 22, 2014, asserting that “The Plaintiff, in March 2014, agreed to pay KRW 6 million per month to the Defendant from April 26, 2014 to the closure of the instant restaurant, instead of mixed operation of the instant restaurant.”

On December 22, 2014, the Plaintiff filed a provisional injunction against the Defendant to prohibit the Defendant from entering or approaching the instant restaurant (Tgu District Court 2014Kahap292). D.

On January 27, 2015, the Plaintiff notified the Defendant that the instant partnership will be terminated.

E. Meanwhile, on May 17, 2014, the Plaintiff was at the time of ViceF.

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