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1. The Defendant’s KRW 33,668,905 for the Plaintiff and KRW 5% per annum from March 24, 2016 to February 13, 2018.
Reasons
1. Basic facts
A. The plaintiff and the defendant are dental specialists.
B. On June 21, 2011, the Plaintiff entered into a partnership agreement with the Defendant with the content that the amount of profit equivalent to 50% of the monthly profits would be distributed to the Defendant until the termination of the contract, and operated the romatic hospital (hereinafter “instant hospital”) with the name of “Dneary Foreign Medical Center” in the 3th floor, 4th floor, and part of the 5th floor (hereinafter “instant building”).
C. On November 30, 2015, the Plaintiff agreed to withdraw from the partnership relationship of the instant hospital and to settle the partnership’s property on the basis of the date above.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The plaintiff's assertion
A. The appraiser of the instant hospital’s property appraisal of KRW 1,128,762,512 (i.e., medical device installation cost of KRW 466,957,07,07, and KRW 467,477,505). The Plaintiff should receive KRW 564,381,256, which is 50% of the above amount from the Defendant.
B. Since the lease deposit of the instant hospital is also KRW 220,000,000,000, the sum of the lease deposit of the instant hospital, the Defendant shall be paid KRW 110,000,000 (=220,000,000) from the Plaintiff.
C. According to the profit and loss statement prepared by E Accounting Corporation in charge of the tax accounting of the instant hospital’s non-distribution amount of Plaintiff’s income in 2015, the Plaintiff’s income amount compared to the total sales of the instant hospital is KRW 397,58,319, and the statement of distribution by joint business place is also calculated to receive the said amount.
However, since the Plaintiff’s income in 2015 that was actually distributed to the Plaintiff is KRW 211,235,158, the Defendant is obliged to pay KRW 186,353,161 (==397,58,319 – 211,235,158) to the Plaintiff.
Therefore, the Defendant’s total sum of the above amount to the Plaintiff (= KRW 564,381,256,110,000,353,161) and this is related thereto.