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(영문) 서울남부지방법원 2018.05.08 2016가단212832
청산금 청구의 소
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. On January 6, 2009, the Plaintiff, Defendant, and C concluded a joint agreement with the following as a joint agreement to operate a cafeteria as a partnership business in the underground of the Gangnam-gu SeoulD Building and to clarify the joint investment relationship.

B. At the time of the above joint venture agreement, the lease agreement at the above workplace is in three titles, and the operating representative of the workplace was decided by the Plaintiff.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination on the main claim

A. Plaintiff’s primary claim 1) The Plaintiff’s primary claim that the Plaintiff would be omitted from a joint investment around March 2009, and the Defendant returned KRW 30 million from the joint operation fund to the Plaintiff’s money between March 27, 2009 and March 28, 2009. Therefore, the Plaintiff and the Defendant’s investment amount to KRW 50 million was KRW 130,000,000 and KRW 80,000. From May 2010, F and G intended to operate a restaurant. Since around October 2010, the Defendant did not send the Plaintiff’s monthly settlement details to the Plaintiff. Since then, the Defendant unilaterally closed business registration with the Plaintiff on January 25, 201, and thus, the Plaintiff and the Defendant’s joint investment amount to KRW 30,000,000,000,000,000,000,000 were to be paid to the Plaintiff on March 14, 2015.

Rather, the plaintiff and the defendant do not manage the partner's money separately from the individual funds, and can recognize the fact that it has become impossible to settle the account by managing it with each individual passbook.

Therefore, it goes on a different premise.

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