(영문) 서울남부지방법원 2018.08.30 2017가단242090

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(영문) 서울남부지방법원 2018.08.30 2017가단242090

정산금 등 청구의 소

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion and the Defendants concluded a partnership agreement on the sales and rental of construction materials (hereinafter “instant partnership agreement”) around September 2012, and the Plaintiff invested approximately KRW 160 million in a private company around September 2012 under the said agreement.

However, the Defendants did not settle accounts for the distribution of profits, and embezzled a partner’s assets, etc. to lose trust as a partner. The Plaintiff and the Defendants terminated the instant partnership agreement on December 23, 2016.

The Defendants promised to pay KRW 30 million to the Plaintiff as agreed amount that the Plaintiff exempted Defendant B from criminal complaint in the course of termination of the instant partnership agreement.

Therefore, the defendants are jointly and severally liable to pay to the plaintiff the above agreed amount of KRW 30 million and delay damages.

B. We examine whether the Defendants promised to pay KRW 30 million to the Plaintiff in the course of termination of the instant trade agreement.

According to the statement in Gap evidence No. 3, the plaintiff and defendant B's joint name, and the defendant B's joint name, on December 23, 2016, a document stating "the above amount which has not been settled by agreement shall be the settlement key for the plaintiff at the later consultation." (hereinafter "the document in this case") is acknowledged. However, according to the statement in No. 2-1 of the evidence No. 2-1, the plaintiff and the defendants are "D (the defendants) under the joint name as of the same day on which the document in this case was prepared, and the plaintiff will terminate the partnership contract on the condition that they pay 130 million won to the plaintiff.

1) D is confirmed on December 12, 2016 that it was paid to the Plaintiff and received by D as the transfer key to the Plaintiff, with the value of KRW 50 million as building materials. 2) The value of D is KRW 53.2 million as building materials.

3 The remaining settlement amount of KRW 26.8 million shall be the payment amount immediately after receipt of the progress payment at the E-site.

".........."

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