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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion was invested jointly with the Defendant, D, E, and F, and around May 2015, the Plaintiff agreed to engage in the business, such as purchase, sale, construction, etc. of hosting films, cut to the name of “C,” representing the Defendant from 1st floor G (transfer of the workplace to H and I in Seoan-gu, Seoan, Seoan-gu, Seoan, Seoan-gu, Incheon, to the name of “C,” and the profits accrued therefrom were distributed at the ratio of 1/2.
(2) The Plaintiff’s share of KRW 13,720,00 (excluding KRW 5,50,00,00 which the Defendant stated in its deposit at KRW 19,220,00), film amount, KRW 74,450,00, KRW 38,50,000, KRW 380,000, KRW 37,347,347, and KRW 13,720,00 in cash sales from June 2015 to December 2015 (excluding KRW 5,50,000, KRW 19,220,000, KRW 74,450,00 in stock, from January 1, 2016 to February 2, 2017, the Plaintiff calculated the Plaintiff’s share of KRW 38,50,000,000 in cash sales in the name of the Defendant, and KRW 137,147,484,79,39.
Therefore, the defendant is obligated to pay to the plaintiff KRW 34,794,288 with the settlement of accounts following the withdrawal from the business.
2. Determination
A. First, we examine the time when the plaintiff withdraws from the partnership of this case.
Although the Plaintiff alleged that he/she had expressed his/her intent to withdraw from the partnership on February 28, 2017, the evidence submitted by the Plaintiff alone is insufficient to recognize it, and there is no other evidence to acknowledge it.
Meanwhile, it is clear in the record that the complaint of this case, stating the Plaintiff’s declaration of intention to withdraw from the partnership of this case, was served on the Defendant on December 31, 2018, and thus, it is reasonable to deem that the Plaintiff withdrawn from the partnership of this case on December 31, 2018.
B. Next, with respect to the claim for the settlement of accounts, the Plaintiff’s active property, small property and its value at the time of withdrawal from the partnership of this case, and claims for the partnership’s property and association owned by partners.