(영문) 서울동부지방법원 2015.04.28 2013가단54889

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(영문) 서울동부지방법원 2015.04.28 2013가단54889

정산금 및 손해배상금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap evidence 1 through 5, entry of Eul evidence 1, and purport of the whole pleadings);

A. On May 2012, the Plaintiff invested KRW 50 million between the Defendant and each of the Defendant. Around May 2012, the Plaintiff agreed to operate a business as to the supply of food materials with the content that the business will distribute the remaining profits to KRW 50:50 in the settlement of the business.

(hereinafter referred to as the “instant trade agreement”). B.

Pursuant to the instant business agreement, the Plaintiff and the Defendant have been engaged in the business of selling pigs, etc. in the name of “D” from June 2012 to July 15, 2013 in Seongdong-gu Seoul, Seongdong-gu, Seoul as a restaurant, refined meat store, etc. The business registration was made in the name of the Defendant.

C. Pursuant to the instant business agreement, the Plaintiff invested 52 million won in total, and the Defendant invested 63 million won in total, respectively, and each of the 55 million won in total from June 2012 to June 2013, 2013.

2. The plaintiff's assertion and judgment

A. The plaintiff alleged in the plaintiff's assertion has embezzled profits from credit cards, personal loans, personal interest, credit purchase funds, personal vehicle oil expenses, and purchase funds of personal goods, etc. generated in the course of trading prior to the business agreement of this case before the business agreement of this case. In light of the fact that the plaintiff and the defendant's wages received from the plaintiff are subject to deduction in calculating the amount of income as necessary expenses at the time of calculating the amount of income, they do not pay the settlement amount according to the due settlement of accounts, even though there was income of KRW 14,717,52 on the basis of the amount of income during the business period of this case. Thus, the defendant is obligated to pay the plaintiff the principal amount of KRW 52 million and damages for delay.

B. The instant business partnership agreement shall be operated individually by investing KRW 50,000,000,000 each by the original and the Defendant.

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