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1. The Defendant’s KRW 12,818,33 as well as the Plaintiff’s KRW 5% per annum from June 14, 2014 to March 12, 2015.
Reasons
1. Basic facts
A. A. Around August 2011, the Plaintiff entered into a partnership agreement with the Defendant to invest KRW 11 million in a total of KRW 22 million in capital and to divide profits into 50%, and paid KRW 11 million to the Defendant.
B. The Defendant: (a) leased the building No. 202 in Cheongju-si, Chungcheongnam-gu, the building of which is KRW 10 million, monthly rent of KRW 1 million, and (b) operated the car page in the trade name “D” (hereinafter “the instant car page”); (b) divided the Plaintiff into KRW 1.5 million per month with the settlement money for two months from September 201 to October 201; and (c) sold the instant car page to E from September 201 to February 201.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 and Eul evidence 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to the cause of action
A. As the gist of the Plaintiff’s assertion terminated the partnership agreement between the Plaintiff and the Defendant by disposing of the instant car page, the Defendant is obligated to pay to the Plaintiff the amount of KRW 50 million, which is KRW 50 million, and KRW 33 million, which is 50 million, which is 50% of the lease deposit received after disposing of the instant car page, and the amount of profit settlement during the 22-month period (=1.5 million won x 22 months).
B. In a case where the association is dissolved, unless there is a separate agreement between the parties, a liquidation procedure is to be conducted as a whole or as a remaining business of the association. However, where only the distribution of residual property remains, a separate liquidation procedure is not required, and the remaining property is distributed in proportion to the value of the investment of each association member, barring any special agreement among the association members. Thus, even if the association’s repayment of the partnership obligation is not completed, if the creditor is a union member, the person holding the company’s assets.