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(영문) 수원지방법원평택지원 2014.08.26 2013가단12704
동업계약해제에 대한 배상금 등
Text

1. The Defendant’s KRW 15,692,649 as well as 5% per annum from March 1, 2013 to July 29, 2014 to the Plaintiff.

Reasons

1. The following facts do not conflict between the Plaintiff and the Defendant:

On January 2012, the Plaintiff and the Defendant agreed to operate the instant restaurant (hereinafter “instant restaurant”) with the trade name “D” in Pyeongtaek-si C.

B. The Plaintiff and the Defendant invested KRW 160,000,000 in total, each of 80,000,000,000, and upon consultation with the Defendant, concluded that the Plaintiff directly operates the restaurant of this case, and that the Plaintiff has 50% each of the expenses, losses, profits, etc., distribution rate in the disposition of the restaurant of this case, and the share ratio in the same business.

C. In accordance with the foregoing business agreement, the Plaintiff started the business by leasing a store of the instant restaurant under his/her name on January 26, 2012, and completed the business registration around February 2012.

However, there was a dispute between the Plaintiff and the Defendant in the course of operating the restaurant of this case, and around May 6, 2012, the Plaintiff and the Defendant independently operated the restaurant of this case, and the Plaintiff agreed to receive settlement in cash (hereinafter “instant settlement agreement”).

E. According to the instant settlement agreement, the Plaintiff transferred the instant restaurant to the Defendant, and operated it solely by the Defendant from June 2012, and the Plaintiff’s business name concerning the said restaurant was also cancelled.

2. Determination as to the cause of claim

A. The Plaintiff’s assertion asserts that in the instant settlement agreement, the Defendant paid the Plaintiff KRW 36,00,000,000 per month from June 2012 to February 2, 2013, in addition to KRW 80,000,000, in addition to the Plaintiff’s investment amounting to KRW 36,000,000. The Defendant paid only KRW 8,000,000 for two months to the Plaintiff. As such, the Defendant paid the remainder of the unpaid amount to KRW 28,00,000 ( = 36,00,0000 - KRW 8,000,000) and the interest interest thereon should be paid from August 2, 2012.

B. The judgment was made at the time when the Plaintiff and the Defendant agreed to reverse the instant restaurant business.

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