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(영문) 대전지방법원 2018.12.13 2018가합100759
기타(금전)
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

The Plaintiff’s assertion on the primary claim for determination as to the cause of the claim and the Defendant jointly run the business place selling fishery products with the trade name of C from around 1994 to around 201, and on August 31, 201, the business relationship was terminated by transferring the said place of business to D and thus, the Defendant is obligated to pay 50% of the profits accrued from the said place of business with the settlement payment following the termination of the business relationship and the damages for delay.

Since the plaintiff and the defendant jointly operate the fishery products selling business place in their trade name from 2006 to 2006, the defendant is obligated to pay 50% of the profits accrued from the above business place and its delay damages to the plaintiff.

All the defendant's arguments C and E are places of business operated independently by the defendant, and the plaintiff only worked as an employee at the above places of business intermittently, and there is no fact that the plaintiff operated with the defendant

Judgment

First, as to whether the Plaintiff and the Defendant jointly operated C and E, according to the witness F’s testimony, C’s telegraph was recognized as G, which was operated by F, but on the other hand, the following facts and circumstances recognized as being comprehensively considered the overall purport of Eul’s evidence Nos. 1 through 4, witness F’s testimony and pleading, namely, ① is registered in the name of the Defendant, but not registered in the name of the Plaintiff; ② is registered in the name of the Plaintiff on September 1, 2012; ② is registered in the name of the Plaintiff and the Defendant on July 31, 2013; on January 1, 2014, the corrective report was filed with the Defendant and the Defendant’s H’s father’s joint business (representative) on January 1, 2014; and on the other hand, during the period from around 19 years to 20 years to 30 years prior to the lapse of the Plaintiff’s assertion that the wholesale market was operated independently by the Plaintiff.

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