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(영문) 광주지방법원순천지원 2019.08.22 2018가합10402
동업정산금 청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, as the owner of C, is a person who registered his/her business with the trade name “C” from around December 2012 and runs an Ansan net fishery business.

B. From around 2008, the Defendant had registered the business with the trade name of “D” and had been engaged in feed distribution business that supplies feed products to the feed-producing farm. On October 2014, the Defendant established a corporation for the purpose of distributing, processing, selling, etc. fishery products with the trade name “E” and was appointed as the representative director.

C. In early 2014, the Plaintiff and the Defendant secured the growth vessels for feed from their own and other gal net fishing vessels and supplied them to the Defendant, the Defendant entered into a partnership agreement with the Plaintiff to distribute the net profits earned from the distribution of the raw vessels for feed supplied through the Plaintiff at the rate of 5:5 (hereinafter “instant partnership agreement”). The period of the partnership agreement was set from January 2014 to October 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 7, and 10 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff: (a) pursuant to the instant agreement, eight vessels engaged in the operation of the grout net during the period from January 2014 to October 2017, 2017 (i) F, G, (ii), H, (iv), (v), J, (vii), K, L, (vii), M, and hereinafter “instant vessel”); (b) pursuant to the instant agreement, the Plaintiff did not settle accounts of net profit, even if the Defendant distributed the gout vessels for feed supplied through the Plaintiff and paid net profit to the Plaintiff.

Therefore, the Defendant is liable to pay the said amount to the Plaintiff. Of them, the Defendant seek payment of KRW 263,701,890 (i.e., 329,701,890 (i.e., 329,701,890) for the net profit of the year 2014, which is recognized as objective data, - Defendant’s pay KRW 44,00,000 for all the expenses - KRW 22,00,000 for all the expenses) and damages for delay.

3. Determination

A. We examine whether or not net profits have accrued during the period of the business operation, Gap evidence No. 13, and Eul evidence No. 3 to 8.

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