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1.The judgment of the first instance shall be modified as follows:
The Plaintiff (Counterclaim Defendant) is charged with KRW 15,655,548 to the Defendant (Counterclaim Plaintiff).
Reasons
1. Facts of recognition;
A. The Defendant has been awarded a prize in a model competition held in a foreign country while working as the Pice model, and has a written lessons technique.
B. The Plaintiff and the Defendant, in Yannam-gu, signed a joint business agreement on June 9, 2017 (hereinafter “instant business agreement”) with each other, “G,” under the mutual name of “Seoul-gu building D, E, and F (hereinafter “instant sports center”). The Plaintiff and the Defendant agreed to jointly operate the instant sports center while jointly conducting public relations, marketing, facility management, and business activities, such as program education, members, and employees.
The main contents of the instant partnership agreement are as follows.
Joint Project Agreement A: Plaintiff and Party B: Defendant 3 (Share of Shares)
1. Gap and Eul will invest 120,000,000 won in the operation of this project and 45,000,000 won in Eul.
2. Gap and Eul shall enjoy earnings = 4: 6.
Article 4 (Liability for Profit and Loss and Accounting)
1. Gap and Eul shall be jointly liable for any profit or loss incurred after the operation of the business concerned; and
2. The preparation of profit and loss under Article 4 (1) shall be requested to a third party not belonging to the business concerned;
Article 5 (Exercise of Right of Management and Guarantee of Status)
2. In operating this business, the right to manage public relations marketing and facility management shall be borne by Gap, and the right to manage program education, membership management and staff management shall be borne by Eul.
Article 6 (Limitation on Representative Authority)
1. In principle, Gap and Eul represent their businesses respectively.
Where the other party to a transaction expresses his/her intention in the business of this case, it shall be effective to Gap or Eul, and it shall also be effective to both parties, if any.
However, with respect to matters that have significant influence on the project, it shall be deemed that the expression of intention has become effective jointly.
Here, Article 6 (2) has a significant effect on the project.