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(영문) 의정부지방법원고양지원 2019.08.14 2019가단70274
정산금 청구의 소
Text

1. The Defendants jointly share KRW 36,000,000 to the Plaintiff, and Defendant B from February 26, 2019 to Defendant C, and Defendant C from February 26, 2019 to the Plaintiff.

Reasons

1. On August 10, 2018, the Plaintiff and the Defendants engaged in the same business (hereinafter “instant partnership business”) with the following content: (a) 4th floor E of Mapo-gu Seoul Metropolitan Government DD building; and (b) 4th class E of “F” rooms.

Investment - Distribution of profit of KRW 80,000 (17.86%) and KRW 100,000,000 (35.71%) for Defendant B, and Defendant C, according to the ratio of investment after the settlement of the end of each month - The profit shall be distributed according to the ratio of investment, but the order of payment of income shall be in the order of rent, management fee, employee's pay and insurance premium, investment interest rate, joint reserve (5% of the monthly profit), and profit-sharing. The operation of technology such as customer management shall be entrusted by Defendant B, supervision, etc.

Afterwards, the Defendants invested KRW 100,000,000, and KRW 50,000 by the Plaintiff, and began to jointly operate the cosmetic from September 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1 to 4, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The Plaintiff asserts that around November 29, 2018, the Plaintiff agreed to withdraw from the instant club business and receive KRW 36,000,000 from the Defendants.

In this regard, the plaintiff and the defendants argued that there was no money to be settled to the plaintiff since they had discussed about the plaintiff's withdrawal and the amount of settlement, but did not reach an agreement about the amount of settlement.

B. In full view of the following circumstances, the Plaintiff and the Defendants agreed to withdraw from the Dong business of this case and to pay KRW 36,000,000 to the Plaintiff, around November 29, 2018, if the Plaintiff and the Defendants were to withdraw from the Dong business of this case and the Defendants paid to the Plaintiff KRW 36,00,000.

① On November 29, 2018, the Plaintiff and the Defendants discussed the method of settlement on the premise that the Plaintiff withdraws from the instant partnership.

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