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(영문) 부산지방법원 2016.10.07 2015가단45990
청산금
Text

1. As to KRW 21,304,060 among the Plaintiff and KRW 20,095,125 among them, the Defendant shall pay to the Plaintiff KRW 21,30,060 from May 1, 2015, and KRW 1,208,935.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the statements of Gap evidence 1 to 4, and 7 (including the branch numbers in case of additional statements) and witness C's witness's partial testimony. A.

From around 2011, the Plaintiff is operating the “E”, which is a Japanese U-dong store in Jung-gu, Busan.

B. On February 17, 2014, the Defendant, having the Plaintiff’s high school building, opened the “G stores” (hereinafter “instant restaurant”) which is a Japanese-type-type-dong store in Busan Shipping Daegu F, and continued to operate the instant restaurant up to the present day.

(However, after the notification of subsection (d) below, the trade name was changed. (c)

On the other hand, around November 14, 2014, the Plaintiff and the Defendant drafted a partnership agreement with the same contents as the attached Form (hereinafter “instant partnership agreement”) concerning the operation, etc. of the instant restaurant.

However, around April 30, 2015, the Defendant notified the Plaintiff that the instant restaurant business contract will be terminated.

2. The plaintiff's assertion and judgment

A. The Plaintiff and the Defendant drafted the instant partnership agreement around November 14, 2014. However, around February 2014, around the time of the instant restaurant business, the Plaintiff and the Defendant entered into a partnership agreement with the same content as the instant partnership agreement regarding the operation of the instant restaurant.

However, the above restaurant business contract of this case was terminated around April 30, 2014 with the defendant's notice of termination.

Therefore, the Plaintiff’s profit distribution amount of KRW 31,99,348 [the total sales amount of KRW 219,340,500 - the total purchase amount of KRW 127,341,804 - the Defendant’s personnel expenses of KRW 28,000,000 under Article 9 of the instant business contract x 14 months] x 50% [the amount of KRW 6,50,000 paid by the Defendant for the period from March 2014 to April 2015] calculated under Articles 4 and 7 of the instant business contract, and the remainder of KRW 25,49,348 (= the amount of KRW 31,99,348 -6,50,000) paid by the Defendant for the period from March 2014 to April 2015, and ② the instant business contract.

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