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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. The costs of lawsuit;
Reasons
1. Basic facts
A. On May 2012, the Plaintiff and the Plaintiff’s husband D agreed to invest KRW 50 million in E (hereinafter “instant workplace”) operated by Defendant C under Defendant B’s name, and entered into a partnership agreement with the Defendants to divide the profit accrued from the operation of the instant workplace into KRW 3 (Plaintiff)-7 (Defendant) at the ratio of 7 (Defendant) (hereinafter “instant partnership agreement”). Accordingly, the Plaintiff transferred KRW 20 million to Defendant B’s account, and KRW 30 million on May 25, 2012, respectively.
B. On June 13, 2012, the Plaintiff and the Defendants changed the trade name of E to F, and registered the business as the Plaintiff. On the 21st of the same month, the Plaintiff and the Defendants made a passbook in the name of the Plaintiff to manage the expenses, etc. of the instant business establishment. Defendant B managed the management passbook, such as the expense of the instant business establishment, until July 2012, and thereafter, the Plaintiff managed it.
C. On June 13, 2012, the Plaintiff offered apartment units under the Plaintiff’s name as security and received loans of KRW 18 million from the New Bank of Korea, and (2) borrowed KRW 23 million from the Samsung Card Co., Ltd. on July 2012; and (3) obtained loans of KRW 27 million from the New Bank of Korea, Inc. on July 20, 2012, by offering apartment units under the name of Samsung Card Co., Ltd. as security and obtaining loans of KRW 27 million from the New Bank of Korea (hereinafter “the above loans”) around the same time.
(D) Around July 2012, the Plaintiff and the Defendants paid to the Defendants. Around July 2012, the ratio of profit distribution to 3 (Plaintiffs) and 7 (Defendants from 5 to 5). The Defendants paid KRW 3,960,000 to the Plaintiff’s profit on July 3, 2012.
After the Plaintiff was entrusted with the management of passbook for the expenses, etc. of the instant place of business, the Plaintiff shall pay the Defendants a profit. The Plaintiff shall pay the Plaintiff’s profit to himself and the Defendants as the profit of each of the 4,000,000 won on August 1, 2012, and the profit of each of the 1,250,000 won on September 5, 2012 and around July 25, 2012, respectively.