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(영문) 서울고등법원 2018.05.01 2017나2018031
정산금
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordering payment.

Reasons

1. The court's explanation of this case is identical to the reasoning of the judgment of the court of first instance, except for the case being cited or added as follows (2). Thus, the court's explanation of this case is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

[3] The plaintiff and defendant's assertion that the ratio of sharing of profits and losses (Plaintiffs): 20% (the defendant): 80%); 2. The appraiser extracted and appraised "the expenditure amount exceeding 200,000 won". The defendant's assertion that a certain amount should not be excluded from sales and management expenses for "the expenditure amount exceeding 200,000 won" in applying the ratio of the amount without proof of accounting as a result of the above appraisal; 3. The plaintiff and defendant's assertion that the total amount of KRW 576,830,591 in relation to the local expenditure of the defendant's sales and management expenses is not included in the expenses or should be included in the expenses at the court of the first instance, even if evidence submitted at the court of the first instance is considered, it is reasonable to state the corresponding part among the reasons of the judgment of the first instance; 3.5.3; 1.6.3; evidence No. 970, evidence No. 97, evidence No. 195, evidence No. 79, No. 19, No. 75. 4; 1. 4.

Paragraph (3) gross sales (1) (1) 3,634,972,712 below 1) sales cost (2), 2,560,204,573 below 2) gross sales profit (3) (3) 1,074,768,139 sales cost and management cost (440,871,541 below 3) (i) gross sales profit (3) (3) 41,074,768,139 sales cost and management cost (440,871,541) (i) the amount recognized in the first instance judgment below 416,762,772,666 won plus the amount of 8,561,103 welfare cost calculated in the Defendant credit card amount of KRW 13,561,103 (4) 2,485,000 (4) =63,896,5980).

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