Text
1. On April 2016, between the Plaintiff and the Defendant, the Plaintiff against the Defendant following the termination of the partnership relationship with respect to C Co., Ltd.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant: (a) invested KRW 50 million in September 2015; and (b) agreed to obtain a loan of start-up fund and establish and operate steel companies; (c) accordingly, on November 20, 2015, the Plaintiff and the Defendant jointly established and operated C Co., Ltd. (hereinafter “C”).
(hereinafter “instant partnership business”). (b)
The Plaintiff and the Defendant leased at KRW 50,000,000,000 for lease deposit, monthly rent, and KRW 550,000 under the name of the 6th E of the Changwon-si Building D, Changwon-si, for the purpose of the business of the instant building. The Plaintiff and the Defendant concluded an agreement on truck to use for product transport in the name of C and purchased KRW 64,314
C. On March 7, 2016, the Plaintiff and the Defendant decided to close the instant club business, and the Defendant continued to use the said office, and the Plaintiff continued to use the said office and owned the claim for refund of KRW 5 million as the lease deposit, and the Plaintiff agreed to pay the remaining installments. On April 7, 2016, the Plaintiff paid KRW 30 million to the Defendant’s wife F’s account.
[Ground for Recognition of Facts] A without dispute, each entry in Gap evidence 124589, the purport of the whole pleadings
2. The assertion and judgment
A. On April 2016, the Plaintiff’s assertion 1) was terminated by an agreement between the original Defendant and the original Defendant. At that time, the original Defendant paid KRW 30 million to the Defendant, and the Plaintiff agreed to pay KRW 5 million the office lease deposit to the Defendant, and the Plaintiff, while continuing to use the truck, shall bear the obligation to pay the remainder of the installments, and shall not make all other monetary claims. In accordance with such agreement, the Plaintiff paid KRW 30 million to the Defendant and completed all settlement by allowing the Defendant to return the lease deposit. Accordingly, the Plaintiff’s obligation to the Defendant, such as the settlement of accounts following the completion of the instant business, does not exist. 2) The original Defendant agreed to terminate the instant business.