(영문) 서울동부지방법원 2016.09.29 2015가단111878

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(영문) 서울동부지방법원 2016.09.29 2015가단111878

정산금 청구의 소

Text

1. The Defendant: 5% per annum from March 15, 2015 to September 29, 2016 for each of the Plaintiffs’ KRW 18,00,000 and each of the said money.

Reasons

1. Basic facts

A. On June 3, 2014, the Plaintiffs and the Defendant concluded a partnership agreement to operate a restaurant (hereinafter “instant restaurant”) that sells decoration BB Q and beer, etc. in the name of “E” from Yongsan-gu Seoul, Yongsan-gu, Seoul and the first floor (hereinafter “E”).

The specific contents are as follows:

Partnership Business Agreement

1. By August 5, 2014, the Defendant shall invest in cash the amount of KRW 49.4 million, and the Plaintiffs shall invest KRW 13.3 million, respectively.

2. Apportionment of roles (Article 5) ① The defendant shall mainly operate the company as a whole and manage M&D and shall be the representative of the company.

(2) The plaintiff B shall mainly engage in business strategies and management, and shall provide management directors of the company.

3. The plaintiff A shall primarily engage in design directorship and development and shall be a director of the company.

3. The defendant's personnel expenses and business management obligations (Article 8) (1) the defendant operates a restaurant with the care of a good manager and manages property.

(2) In return for the duty to operate a restaurant business, the defendant shall be paid three million won (including four insurances) on the specified pay day every month.

(3) The defendant shall do his best to manage a restaurant on behalf of the plaintiffs and faithfully perform all obligations.

4. Profit distribution (Article 9) The Plaintiffs and the Defendant shall jointly distribute profits in accordance with the income statement of a certified tax accountant designated as of the end of each month from the date of commencing the restaurant business as follows and pay the profits in cash on the 10th of the following month.

Defendant: 55% of earnings: 22.5% of earnings, respectively.

5. The term of a contract (Article 12) (1) This contract shall be five years from the date on which the business commences to the date on which the business is closed, except in exceptional circumstances;

B. The plaintiffs and the defendant finally invested KRW 57,50,000 and KRW 18,000 for each of the plaintiffs as capital for the partnership business. The above real estate was leased to KRW 20,000,000 and completed interior construction.

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