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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.
Reasons
1. Basic facts
A. On July 2015, the Plaintiff and the Defendant made an oral contract with the content that the Plaintiff invested KRW 100 million, the Defendant, 150 million per day, and the Defendant works for 6 hours per day and 9 hours per day, and that the Plaintiff will have 40% and 60% of profits from the business of coffee, respectively.
B. Around that time, the Plaintiff invested KRW 100 million, and the Defendant invested KRW 150 million, respectively.
In addition, the Defendant, under its own name, entered into a lease agreement with D Co., Ltd. around August 2015 after receiving a successful bid in the said bidding procedure, entered into a franchise agreement with D Co., Ltd., a member shop, and completed business registration with F Co., Ltd., a member shop franchise, and completed business registration.
The above coffee specialty (hereinafter referred to as the “coffer store of this case”) commenced business around September 8, 2015.
C. After commencing the business, the Plaintiff and the Defendant worked at the coffee store of this case, and the receipt and disbursement of the above coffee store directly managed by the Defendant, and paid the Plaintiff the settlement amount for operating income.
Until October 2016, the Defendant paid the Plaintiff the settlement amount on the operating income of the coffee store of this case, and did not pay the settlement amount from November 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 18, purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. According to the facts found in the Defendant’s obligation to pay the proceeds, the Defendant is obligated to pay the Plaintiff 40% of the proceeds derived from the operation of the coffee store of this case. Since there is no dispute between the parties on the fact that the Defendant did not pay the Plaintiff 40% of the proceeds accrued from November 1, 2016 to July 31, 2017, the Defendant did not pay the Plaintiff 40% of the proceeds derived from the operation of the coffee store of this case.