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(영문) 서울동부지방법원 2021.01.08 2019가단133487
정산금 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 27, 2018, the Plaintiff and the Defendant: (a) imported and sold clothing at the place of business, and (b) imported and sold clothing; and (c) the Plaintiff and the Defendant decided to invest KRW 10 million in cash and KRW 15 million in capital, and KRW 10 million in cash and KRW 9 million in loans, respectively.

The agreement on the partnership business (hereinafter referred to as the "agreement on the partnership business of this case") shall be concluded, and the business operator shall be registered in the name of the plaintiff.

B. All revenues and expenses incurred in the course of the instant Dong business were incurred through a new bank account opened in the name of the Plaintiff and us bank account (hereinafter “instant Dong business account”).

(c)

On May 11, 2019, the Plaintiff and the Defendant terminated the instant business partnership agreement, and as of the said date, the balance of the bank account was KRW 17,045,594 on the said date (0 won for the new bank account) and the outstanding amount receivable that was not paid by the transaction partner was KRW 7,642,00,00, and the Defendant’s inventory of the sound clothes kept by the Defendant.

[Grounds for Recognition] Unsatisfy, Gap evidence 1, 10, 13, and 14; the purport of the whole pleadings

2. As seen earlier, the purport of the Plaintiff’s claim on November 24, 2020 and the purport of the reduction of the claim based on the application form for the change of the cause of the claim agreed by the Defendant. As such, the Plaintiff’s claim was organized by integrating the Plaintiff’s written complaint and each prepared document before the transfer.

In the process of the instant Dong business, the Plaintiff was in charge of the import, store management, and other incidental business of clothing, while the Defendant did not have access to the said account by managing the instant Dong business account while carrying out business affairs related to the overall accounting, such as sales management, settlement of payments, and tax invoice management.

In this regard, as a result of confirming the revenue and expenditure during the period of the partnership business after the completion of the partnership business, the total sales amount is out of the amount disbursed through the partnership account of this case, contrary to the cost of KRW 597,963,900.

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