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(영문) 인천지방법원 2017.06.30 2015가단231404

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff operated the electrical construction business with the Defendant from February 2012 to November 201 of the same year.

Under the above business agreement, after receiving the construction cost as the plaintiff's passbook and deducting the cost, one half of the profit should be distributed if there is any profit.

However, even though the defendant suffered a loss of KRW 45,191,674 during the above period, he/she has received payment of KRW 55,70,000 from the ordering person of the Chungcheong Corporation.

Therefore, for the settlement of the partnership relationship, the defendant is obligated to pay the above KRW 55,700,000 and delay damages to the plaintiff.

2. First of all, with respect to whether the Plaintiff and the Defendant incurred a loss of KRW 45,191,674 during the period of the above business, each of the descriptions of Gap evidence Nos. 1 through 30 (including the number of branch numbers) (including the number of branch numbers) is insufficient to recognize it, and there is no other evidence to acknowledge it.

As such, it cannot be said that the construction price received by the Defendant is returned on the ground that the Plaintiff failed to prove the details of specific losses during the period of the operation, and that the construction price was paid as the Plaintiff’s passbook during the operation period.

Therefore, the plaintiff's assertion cannot be accepted.

3. As such, the plaintiff's claim is dismissed as it is without merit.