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1. The Defendant’s KRW 40,856,00 for the Plaintiff and the following: 5% per annum from February 1, 2018 to October 17, 2018.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant, from the second half of 2014, sent back to the birth of an elementary school, and at the time, the Defendant was operating the flagpoles with the trade name “D” in Seongbuk-si (However, the name of the business operator was E), and the Plaintiff started moving to the room attached to the above restaurant around October 2014.
B. Around the end of 2014, the Plaintiff solicited the Defendant to look at the place restaurants, and the Defendant began to operate the place restaurant (hereinafter “instant restaurant”) in the name of “F” from January 1, 2015 by changing the type of the said place of flagpoles from January 1, 2015, and the Plaintiff performed activities, such as the transportation of the relevant restaurant, the maintenance of the entrance ice, and the management of the store in the said restaurant, except in the case of installing bridge at the local area.
C. Meanwhile, around June 2016, the Defendant transferred to the Plaintiff all the rights to the restaurant, such as the claim to refund the lease deposit, premium, etc. of the instant restaurant, and changed the business registration name of the said restaurant to the Plaintiff on June 23, 2016.
[Ground of recognition] Evidence Nos. 1 and 2, Evidence No. 11-1 and 2, and the purport of the whole pleadings
2. The plaintiff's assertion
가. 동업 정산금 청구 이 사건 식당 개업 당시 피고는 기존의 고깃집 임대차보증금 4,000만 원을 그대로 부담하는 대신 원고가 식당 시설비(간판, 전기공사, 에어컨, 수족관, 수족관 잡철물, 그릇, 냉동고, 인쇄물 등) 약 2,130만 원, 냉동낙지 구입비 800만 원, 무안뻘낙지 구입비 1,000만 원 등 합계 3,930만 원을 부담하기로 하는 동업 약정을 하였고, 그 수입금액은 1/2씩 분배하기로 하였다.
From January 1, 2015 to June 30, 2016, the business period of the instant restaurant was 286,289,758 won, cash sales was 107,177,80 won, and 232,19,220 won, and the expense was 161,268,338 won (i.e., 286,289,758 won - 107,177,800 won - 232,19,220 won). Since the Defendant did not fully distribute the profit during the business period, the amount of profit was 161,268,38 won.