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1.The judgment of the first instance shall be modified as follows:
Defendant B shall be from October 30, 2012 to KRW 20,473,00.
Reasons
1. Basic facts
A. The Plaintiff, while operating “D Songcheon Store” that sells Hein products, developed the so-called “E” products.
B. Defendant B, who operated the “D 3,000 store,” agreed to jointly conduct chain business for products developed by the Plaintiff and distribute profits from the said business one-half.
(hereinafter “instant joint project agreement”). C.
On April 12, 2012, Defendant B established a limited liability company G (hereinafter “foreign company”) for the above chain business.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. On April 11, 2012, the Plaintiff paid KRW 540,00 to H as the purchase price for the chain staff of the non-party company on April 11, 2012, and on April 12, 2012, remitted KRW 540,00 to Defendant B as the fees for a certified judicial scrivener in relation to the incorporation of the non-party company, the fact that the Plaintiff transferred KRW 5,00 to the non-party B does not conflict between the parties, or is recognized by the purport of the written evidence Nos. 1 and
The Plaintiff alleged that Defendant B or the Defendants promised to pay to the Plaintiff the sum of KRW 1,80,000,000,000 paid by the Plaintiff and paid to Defendant B. Therefore, there is no evidence to acknowledge this.
Rather, the facts that the Plaintiff and Defendant B entered into the instant joint project and established a non-party company and run chain business are as seen earlier. As such, the said KRW 1080,00 won can be viewed as the expenses paid for the instant joint project. Therefore, barring any special circumstance to recognize that the expenses were differently determined between the Plaintiff and the Defendant B with respect to the said expenses, a claim for the share of expenses due to the termination of the partnership relationship (see, e.g., Supreme Court Decision 2011Da47084, Oct. 11, 2013). As such, the joint project was dissolved upon termination of the partnership relationship under the instant joint project agreement between the Plaintiff and the Defendant.