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(영문) 서울서부지방법원 2015.08.13 2014가합36979
정산금
Text

1. The defendant shall pay 150,000,000 won to the plaintiff and 20% per annum from September 24, 2014 to the day of complete payment.

Reasons

Basic Facts

Around October 2011, the Defendant entered into a partnership agreement with the Plaintiff to operate a restaurant (hereinafter “E”) with the trade name “E” from the second floor of the building located in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant building”). On October 201, the Defendant entered into a partnership agreement with the Plaintiff and the instant building (hereinafter “instant partnership agreement”).

At the time of the instant partnership agreement, the Plaintiff and the Defendant agreed to share of 50:50, and jointly enter into all contracts concerning the instant restaurant from October 11, 201, and the distribution of profits and losses arising from the instant restaurant is based on the equity ratio. The Plaintiff agreed to pay to the Defendant KRW 30,000,000, and additionally pay KRW 20,000 prior to the new business by paying the business registration certificate to the Defendant under the joint name.

On October 17, 2011, the Plaintiff and the Defendant registered their business as joint business operators of the instant restaurant with their share ratio of 50:50.

From October 11, 201 to February 29, 2012, the Plaintiff shall pay to the Defendant KRW 50,000,000 in total as investments under the instant business agreement, and from March 6, 2012, the same year.

6. up to 2. The sum of KRW 19,290,000 was paid as facility costs for the restaurant in this case.

Meanwhile, the Defendant has been in charge of the operation of the instant restaurant from April 2012.

[Ground] Facts without dispute, Gap's statements in Gap's Evidence Nos. 1, 4, 7, and 8, and the purport of the entire pleadings is to determine the overall purport of the pleadings, and the sales of Gap's total sales of the restaurant in this case from 2012 to 2014 (=1,138,907,905 won (=165,815,426 won) were generated from the restaurant in this case to 2014 (22,741, 350 won, 2014). There is no dispute between the parties.

The defendant calculated operating income after deducting operating expenses of this case shall be KRW 209,892,948 in terms of material costs, personnel expenses, etc., 338,004,037 in 2013, and KRW 605,118,188 in operating the restaurant of this case.

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