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(영문) 대전지방법원 2016.12.22 2015가단222064
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendant, from December 1, 2014, as the partnership business, are building No. 501 of Daejeon Jung-gu E (hereinafter “F business establishment”) from around December 1, 2014

) In the name of “G Driving Schools” (hereinafter “H store”) and from February 1, 2015, Seo-gu Daejeon International Building No. 701 (hereinafter “J place of business”) from around February 1, 2015.

(2) At the time of concluding a H store business agreement, the Plaintiffs and the Defendant determined the amount of investment as KRW 20 million, and determined the amount of investment as KRW 140 million at the time of the L store business agreement and invested each of the said investments.

The plaintiffs and the defendant agreed on the distribution ratio of profits and losses at the time of H stores and L Points business contracts as follows:

The shares in the joint project shall be 25%, and all profits and expenses shall be distributed according to the shares. The amount of deposits for lease to the workplace shall be shared according to the shares ratio, and additional funds shall be additionally invested in accordance with each shares ratio, if necessary. The expenses and liabilities related to the projects after the business contract shall be responsible according to each shares regardless of the discontinuance of the business.

B. On December 1, 2014, the Plaintiffs and the Defendant leased F place of business as a joint lessee with their own KRW 20 million, monthly rent of KRW 1.2 million, from December 1, 2014, and from December 1, 2014 to December 1, 2016. (1) The Plaintiffs and the Defendant, who jointly lessee, designated them as the joint lessee, as the lease deposit amount of KRW 60 million, monthly rent of KRW 2350,00,000, and the lease term of KRW 2350,000 from February 1, 2015 to January 31, 2017.

C. The Defendant’s withdrawal from the Defendant stated that “Around August 26, 2015, the Plaintiffs expressed their intention to withdraw from the Plaintiff, and closed the Defendant’s Defendant’s occupation as of August 31, 2015, and withdraw from the Plaintiff’s partnership relationship with L stores and H Points.”

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