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(영문) 서울중앙지방법원 2018.08.21 2016가단5218167
정산금청구의 소
Text

1. The Defendant (Counterclaim Plaintiff)’s respective KRW 8,814,037 against the Plaintiff (Counterclaim Defendant) and its respective amount from July 10, 2018 to August 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 20, 2015, Defendant B leased the entire three floors of the building in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”) from E to KRW 30 million, monthly rent of KRW 2.4 million, and the lease term from October 1, 2015 to September 30, 2016, and paid KRW 30 million for the lease deposit. On September 21, 2015, Defendant B concluded a premium contract with F, a lessee, and paid KRW 4 million for the premium of KRW 4 million.

B. On October 2015, the Plaintiff and the Defendants concluded a joint agreement between the Defendants and the instant building to jointly invest the “Gnam point (hereinafter “Gnam point”) in the building and jointly provide labor (hereinafter “instant partnership”). The Plaintiff and the Defendants agreed to own one-third of their respective shares by investing two million won in each of them.

C. Around July 2016, the Defendants notified the Plaintiff of the expulsion decision on the sole ground of the Plaintiff’s neglect of duty, and the Plaintiff withdrawn from the instant partnership business on July 30, 2016 on the ground that the fiduciary relationship with the Defendants was broken down.

After that, the Defendants are operating the Gangnam Points while maintaining the partnership business of this case.

[Ground of recognition] Facts without dispute, Gap 1, 5, Eul 2, and 3, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the Plaintiff’s withdrawal from the partnership of this case, the Defendants are obligated to pay to the Plaintiff the amount of KRW 38,368,074 equivalent to the Plaintiff’s share of KRW 1/3 of the value of the property subject to settlement as set forth below, and the delay damages.

Premium 34,000,000,000 30,617,000 gross income of July 3, 1949,617 on premium 34,000,000 for premium 11,154,605 square property for tangible property, the amount of which is not verified, among the total amount of 3,949,617 contributions, is 6,000,000,000 for premium 20,000,000 for premium 10,000,000,000 for rent 115,104,222

B. Where a member withdraws from the partnership of the relevant legal principles as to the Defendants’ obligation to pay the settlement amount.

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