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(영문) 서울중앙지방법원 2019.02.27 2017가단5098629
약정금
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 February 10, 2007, Defendant B and Defendant C wanted to open pressure static points with joint business operators “E Hanwon.”

B. Defendant B and Defendant C established a plan to expand hospital around July 2008 and recommended the participation of the traditional Korean medicine doctor who was aware of the plan to expand hospital, while the Plaintiff and Defendant C were in partnership with each other.

C. The Plaintiff and Defendant D were able to newly open the Hanwon Gangnam Branch around September 2008, and accordingly, the agreement between Defendant B and Defendant C was terminated, and Defendant B and Defendant D were joint operators of the tension, and Defendant C and the Plaintiff were operated as joint operators of the Gangnam Branch.

Defendant B and Defendant C had established experience and brand value in the Hanbatop imposition field while operating Hanwon in the course of operating Hanbawon, and thus, in each of the above two points of profits, Defendant B and Defendant C have first allocated profits to each of the above 10,000 won, and then allocated 10,000 won to the Plaintiff and Defendant D for excess profits, and additionally allocated the remainder profits equally.

E. Around November 2009, the Plaintiff and Defendant C’s partnership agreement on the Gangnam Points was terminated. The Plaintiff began to operate the Plaintiff’s partnership agreement as a sole business entity, and Defendant C operated the Gangnam Points as a sole business entity.

F. Around September 2011, Defendant D terminated the pressure-driven store agreement with Defendant B and opened a new village solely.

G. Around May 2016, the Plaintiff transferred Korea-U.S. University to a third party.

[Ground of recognition] Facts without dispute, evidence Nos. 1 through 10, purport of the whole pleadings

2. The Plaintiff’s judgment as to the claim of this case was the cause of the claim of this case, and the Plaintiff and the Defendants agreed that the Plaintiff and the Defendants shall settle accounts of the total revenue and expenditure of the four branches of Han-won and distribute the net profit equally. The Defendants agreed that the Plaintiff shall continue to distribute the net profit equally from August 2012 to the university.

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