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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
A. On August 2014, the Plaintiff and the Defendant agreed to distribute profits at the rate of 60% and 40% to the Plaintiff, when concluding a partnership agreement with the Defendant to jointly operate the “C” as its representative (hereinafter “instant partnership agreement”).
B. On February 6, 2016, the Plaintiff and the Defendant agreed on the instant club agreement. On August 6, 2016, the Defendant paid KRW 5,000,000 to the Plaintiff as the settlement amount following the termination of the instant club agreement.
[Ground of recognition] Facts without dispute, Eul's statements in Eul's 2, 3, and 10 evidence, and the summary of the plaintiff's claim for the purport of the whole pleadings are as follows: the plaintiff withdraws from the plaintiff in the original defendant's two cooperatives by concluding an agreement on the instant partnership agreement on February 2, 2016. Thus, the defendant is obligated to pay an amount equivalent to 40% of the plaintiff's share of profits and losses among partnership property appraised based on partnership property status at
The partnership property at the time of withdrawal shall be deemed to be the amount obtained by deducting the total expenditure from the total revenue from the operation of the partnership. 963,964,50 won totaling 17,335,00 won of outstanding total revenue claimed by the Defendant is the total revenue from the operation of the partnership. Of 590,941,916 won total revenue claimed by the Defendant, 25,600 won of the partnership profit accrued during the Plaintiff’s overseas travel period is not the total expenditure. Thus, 564,941,916 won deducted from the deduction is the total expenditure for the operation of the partnership.
Therefore, since the partnership property at the time of withdrawal is KRW 39,02,584 (=963,964,500) - KRW 564,941,916,916), the Defendant paid to the Plaintiff 159,609,033 won (=39,02,584 won x 40% x 40% x less than won) equivalent to 40% of the Plaintiff’s share out of the above amount, the Defendant paid KRW 137,236,00 to the Plaintiff as profit during the period of the partnership business. Since the Defendant paid KRW 5,00,00 after the Plaintiff’s withdrawal, the Defendant paid KRW 17,373,03 won (=159,609,6033 won - 137,236,000 - 5,000 won) and the remainder amount.