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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
Reasons
1. Basic facts
A. The Plaintiff imported and sold bicycles by the OEM method in the Jinju City, and operated a D promotion shop specializing in bicycle repair (hereinafter “Jinju”).
B. The store located in the building E in Changwon-si, Changwon-si, Changwon-si, the Plaintiff was operating DMasan store, which was owned by the Plaintiff, but the Plaintiff acquired as it was difficult to conduct the business due to difficulties, such as the Plaintiff’s failure to pay debts.
After all, from July 11, 2007, the Plaintiff entered into an agreement with the Defendant to sell and repair bicycles at D Mtesan Points (hereinafter “Masan Points”) and had the Defendant manage Mtesan Points.
C. At this time, the Plaintiff and the Defendant agreed to divide the sales proceeds of bicycle finished products sold at marina stores into half, and if the bicycle payment is made by credit card, it was immediately deposited to the Plaintiff holding the name of card merchant, and if it is paid in cash, it was remitted to the Plaintiff from time to time by the Defendant. The Plaintiff settled this and paid the profit to the Defendant.
However, as a result of the integration of Msan-si and Changwon-si and the introduction of public bicycles from January 12, 201, the Plaintiff closed down the Masan-si around January 12, 201 and thereafter, the Defendant received a monthly salary of KRW 2 million from the Jin-si operated by the Plaintiff and retired from the Jin-si around August 2012.
E. Meanwhile, the Plaintiff filed a lawsuit against the Defendant for the payment of KRW 48,110,914, which was filed on July 17, 2012 against the Defendant on the part of the Plaintiff and the Defendant’s store to be operated through the same business, by dividing half of the profits from the repair incurred by the Plaintiff’s use of the parts supplied by the Plaintiff, and the settlement amount was not paid, and then the lawsuit was withdrawn on July 15, 2013 (the Changwon District Court Jinwon Branch Branch 2012Ga9535).
(2).