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Reasons
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(영문) 수원지방법원성남지원 2016.08.26 2016가단1181
투자금반환
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1. The Defendants jointly share KRW 26,311,31 to the Plaintiff and 5% per annum from April 28, 2016 to August 26, 2016.

Reasons

1. Basic facts

A. On September 2015, the Plaintiff and Defendant B entered into a partnership agreement (hereinafter “instant partnership agreement”) with respect to the business of “E” on the first floor D 1 in Seongbuk-gu, Sungnam-si, Sungnam-si, as follows:

Defendant C entered into an actual partnership agreement with the husband of Defendant C.

1. The Plaintiff shall invest KRW 30 million.

1. Permission for business and registration of business shall be under a joint name;

1. Defendant B shall complete a business license, business registration and other business preparation until the end of September 2015, and the Plaintiff shall cooperate with it.

1. Business management shall be conducted jointly;

1. All accounting data and relevant data shall be made available to each other (which shall be written, but which shall be deemed written, written).

1.The distribution of earnings concerning operations shall be as follows:

Until the net profit of 20 million won, defendant B is allocated 70% and the plaintiff is allocated 30%.

B. For the net profit of KRW 20 million to KRW 40 million, Defendant B shall be apportioned 80% and the Plaintiff shall be paid 20%.

1. The Plaintiff shall additionally input more than KRW 50 million by the end of December, 2015, and shall transfer all rights upon receiving the amount invested by the Plaintiff to Defendant B when it does not make any investment.

This content shall be determined by re-consultations during nine months.

B. The Plaintiff invested approximately KRW 34 million according to the instant trade agreement, and KRW 32 million as the Plaintiff’s investment amount, and the remainder was returned around December 2015.

C. Around November 2015, the Plaintiff agreed not to maintain a partnership relationship with the Defendants, thereby running business until December 31, 2015.

[Ground of recognition] Facts without dispute, entry or video of Gap evidence Nos. 1, 4 through 6, and 8, purport of the whole pleadings, assertion and judgment

A. The purport of the assertion is that if the Plaintiff deducts the total sales amount of KRW 41,315,597 (the credit amount of KRW 6 million paid by the Defendant C to F), the card fee of KRW 1,192,980, value-added tax of KRW 3,509,210, the net profit amount of KRW 21,163,813, and the Defendants’ dividends amount to KRW 14,814,669, which was distributed in advance.

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