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(영문) 인천지방법원 2013.09.26 2012가단58400
정산금 및 운송비
Text

1. The Defendant paid KRW 38,843,914 to the Plaintiff and KRW 5% per annum from July 28, 2012 to September 26, 2013.

Reasons

1. The following facts of recognition do not conflict between the parties, or can be acknowledged by taking into account the following facts: Gap evidence Nos. 1 through 6, 8, 10, 14 through 17, Gap evidence No. 7-1, 2, 9-1 through 35, Gap evidence No. 11-9, Gap evidence Nos. 12 and 13-1 through 14, and the whole purport of the pleadings as a whole.

From August 1, 2010, the Plaintiff and the Defendant concluded a partnership agreement with the content that from around August 1, 2010, the Plaintiff and the Defendant will operate cargo transport business together with the Plaintiff’s vehicles, D vehicles owned by the Defendant, and Hash parts as total 3 vehicles owned by the Defendant, and distribute the profits calculated by deducting expenses from the income accrued therefrom at the rate of 50%, respectively.

B. The transportation revenue and expenses that the plaintiff and the defendant acquired during the period of partnership are as follows:

(1) On June 25, 2013, the Defendant’s preparatory brief and the Plaintiff’s statement of mediation on July 9, 2013: (1) Transport revenue (amount completed) for the three above vehicles: 249,480,000 won in total (amount completed) for the three above vehicles: 173,268,061 won in total (amounting to 108,03,000 won for the Plaintiff’s revenue + KRW 71,340,000 + KRW 178,140,000 for the Defendant’s revenue + KRW 173,268,061 in total (amounting to 108,03,445 + KRW 65,264,616) for the Defendant’s expenditure + KRW 21,351,000 for the Defendant’s loss amount due to the three lanes.

C. As can be seen, the Plaintiff spent 108,03,445 won for revenues of KRW 71,340,000 during the period of the operation of the business, and deemed the 36,663,445 won for the income of KRW 178,140,63,445. On the other hand, the Defendant spent KRW 65,264,616 for the income of KRW 178,264,616 for the income of KRW 21,351,00 for each disbursement of KRW 91,524,384 for the income of KRW 178,52.

The Defendant paid only KRW 25,250,000 to the Plaintiff out of the transport profits acquired during the period of the same business, and eventually, the Plaintiff and the Defendant suffered conflict due to the distribution of profits, etc., and terminated the same business relationship on January 14, 201.

2. Determination:

A. According to the above facts, the plaintiff and the defendant receive money during the period of a partnership business in accordance with each of the above businesses agreements.

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