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(영문) 수원지방법원 성남지원 2018.10.17 2017가단20202
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 2017, the Plaintiff decided to operate a joint business with the Defendant, and completed business registration with the name of “D” in the name of “D” in the Defendant’s child C around March 2017 and started joint business.

B. For the foregoing “D” partnership business, the Plaintiff invested in cash in April 24, 2017, and established a erogial gold day owned by the Plaintiff in “D”, and the Defendant invested KRW 90 million in cash, and on June 16, 2017, the Plaintiff and the Defendant agreed with the Plaintiff (hereinafter “instant agreement”) as follows.

CD A B A A B A B A

C. On September 2017, the Plaintiff withdrawn from the partnership relationship with the Defendant upon the Defendant’s request under the instant agreement, and the Defendant independently operated “D” and closed the business around July 31, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 and 8, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the plaintiff's assertion 1) since the plaintiff withdraws from the partnership relationship at the defendant's request, the defendant is obligated to pay 31 million won to the plaintiff in accordance with the agreement of this case. 2) The defendant is obligated to pay 50% of the wages and earnings of 3 million won per month to the plaintiff pursuant to the agreement of this case.

However, the Defendant did not pay the Plaintiff profits during the period of the partnership business, and only paid 9.6 million won out of the wages of 18 million won from March 2017 to August 2017, 9.6 million won. Thus, the Defendant is obligated to pay 8.3 million won in total, including earnings and unpaid wages of 8.31 million won during the above period.

(Plaintiff sought payment of KRW 9 million for the first month, March, and September, 2017, and the Defendant changed the content of the claim in the preparatory document dated May 15, 2018, where the Defendant did not have any obligation to pay wages during the said period.

As the plaintiff and the defendant are in a partnership relationship, they should settle their business in order to liquidate their business.

The plaintiff shall be 30 million won with cash and technology.

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