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(영문) 대구지방법원 2019.01.23 2018나313870
배당금
Text

1. The plaintiff's appeal against the defendants and the conjunctive claim added by this court are all dismissed.

2...

Reasons

1. Basic facts

A. On August 10, 2007, Defendant C, the wife, leased the building in Daegu Suwon-gu E in the name of the Defendant C at KRW 20 million, monthly rent, KRW 1980,000,000. On September 2007, the trade name was “F” and the location of the place of business was “F” and the business registration was made under the name of Defendant C in the name of the Defendant C, and operated the above cafeteria (hereinafter “head office”) along with the Defendant C at the above location around that time.

B. From April 2010 to July 2010, Defendant B opened a business partnership agreement with the Plaintiff, D, and Daegu Suwon-gu G, which had been known to the general public (hereinafter “H point”), and entered into a business partnership agreement with the head office and H point jointly, and with the head office and H point to jointly invest and operate the business, to distribute profits and losses by setting the respective shares as 1/3 (hereinafter “instant business partnership agreement”).

C. On July 31, 2010, the Plaintiff, D, and Defendant B leased the 1 and 2nd floor of the building located in Daegu Suwon-gu G with H points from M as of July 31, 2010, with a deposit of KRW 150 million, KRW 6.6 million per month, and the period from August 10, 2010 to April 14, 2017. On August 30, 2010, the Plaintiff, D, and Defendant B leased the 1 and 2nd floor of the building located in the Daegu Suwon-gu G with H points from M as of “N” and the location of the place of business as “M, Daegu Suwon-gu G,” and from October 2010, the H points were operated at the said location.

The Plaintiff, D, and Defendant B prepared a trade agreement specifying the contents of the instant trade agreement (hereinafter “instant trade agreement”) between April 201 and February 2015 when managing the head office and H points in accordance with the instant trade agreement. The main contents of the agreement are as follows.

While the Plaintiff asserts that the instant partnership agreement was drafted at the end of April 201, the Defendants asserted that the instant partnership agreement was drafted between the end of 2014 and the beginning of 2015, there is no other evidence to verify the date of preparation of the instant partnership agreement, and that the date of preparation affects the outcome of the instant case.

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