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(영문) 서울북부지방법원 2016.08.11 2014가단131444
정산금 청구의 소
Text

1. The Defendants are jointly and severally liable to the Plaintiff to pay KRW 63,826,00 to the Plaintiff and the period from October 15, 2014 to August 11, 2016.

Reasons

1. The plaintiff asserts that the plaintiff agreed to receive KRW 56,174,000 from the partnership business and withdraw from the partnership business on September 27, 2014, while the plaintiff agreed to receive KRW 366,174,00,000, and the defendants are jointly and severally liable to pay the remaining amount of KRW 133,826,00 to the plaintiff.

In addition to paying 366,174,000 won out of the settlement amount to the Plaintiff, the Defendants paid 70,000,000 won for selling D and E-ground buildings (F buildings) 1107 (hereinafter “instant office”) in Jung-gu Seoul Special Metropolitan City, and had the Plaintiff receive 624,79 won of the bank deposit and 2,90,000 won of the credit amount of the Chinese customer account, so the Defendants asserted that the settlement amount unpaid is 60,301,201 won.

2. The following facts may be acknowledged in light of Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 3, 7, and 10, and witness G's testimony and the purport of the whole pleadings.

From around 196, the Plaintiff leased Defendant B and Defendant C, who was a sibling, to move 65 to the H building in Jung-gu, Seoul (hereinafter “instant Dong”) and operated a club business for the instant Dong business (hereinafter “instant Dong business”). Since around 2000, the Plaintiff leased the said Adong 64 and leased the said Adong 66 around 202.

B. After that, the Plaintiff and the Defendants purchased the instant office under the name of the Plaintiff on December 27, 2006 in order to use it as the clothing design office for the instant trade, and thereafter, jointly used the instant office for the instant trade. On January 22, 2009, the Plaintiff and the Defendants purchased the said office No. 65 in the name of Defendant C in order to use it as the clothing design office for the instant trade.

C. Meanwhile, on September 27, 2014, the Plaintiff and the Defendants withdraw from the instant partnership business, and agreed to receive KRW 500 million from the Defendants as soon as possible, and the Plaintiff sold the instant office in the name of the Plaintiff and sold the sales amount to the said KRW 500 million.

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