(영문) 서울고등법원 2020.02.18 2019나2028957

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(영문) 서울고등법원 2020.02.18 2019나2028957

정산금 등 청구의 소

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On October 7, 2010, the Plaintiff and the Defendant invested 50% of the operating capital of each of the instant restaurants (hereinafter “instant restaurants”) with the Defendant and entered into a partnership agreement (hereinafter “instant partnership agreement”) under which the Plaintiff and the Defendant actually operates the instant restaurant, and the Defendant’s profits are distributed equally according to the share ratio.

B. The main contents of the instant partnership agreement are as follows.

Article 1 (Investment Obligations) The Defendant and the Plaintiff make their respective contributions to KRW 450,00,00 as operating capital necessary for the operation of G Points, to KRW 200,000 (50%) and KRW 200,000,000 (50%) respectively.

(Provided, That the Defendant and the Plaintiff shall distribute the remaining net profits after the settlement of accounts each month from the date of the contract to the date of termination of the contract in cash by the fifth day of each month, according to the ratio of investment.

Article 6 (Right of Monitoring of Business) The defendant shall present in writing the matters concerning accounting and the accounting data on the business and transactions and report on the overall business at any time at the request of the plaintiff.

Article 7 (Right to Termination of Contract) The defendant and the plaintiff may terminate this contract without the due date in any of the following cases:

1. The other party's capital inflows;

2. False notice on profits.

3. When one-way operation has not been mutually agreed.

4. If a contract under Article 8 (Restoration due to Termination or Termination of the Contract) is terminated or terminated when mutual communication is impossible for at least 15 days, the amount of investment shall be returned, without delay, in cash, within seven days from the date on which such cause exists;

[Reasons for Recognition] Evidence Nos. 1 through 5, Evidence No. 1, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The plaintiff's summary of the plaintiff's assertion is the defendant's profit under Article 3 of the business partnership agreement of this case.

유사 판례

-서울고등법원 2020.02.18 2019나2028957

-서울중앙지방법원 2019.05.29 2016가합536072

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-서울서부지방법원 2017.09.21 2016가합39354

-창원지방법원 마산지원 2018.06.12 2017가단104753