손해배상(기)
1. The plaintiff's appeal and the main claim added by this court and the conjunctive claim expanded by this court.
1. The reasons why this Court shall explain this part of the facts of recognition are as stated in Paragraph 1 of the reasoning of the judgment of the first instance except that the “L” in Part 3 of the judgment of the first instance is “M”, and the “Plaintiff” in Part 15 of the same face is as stated in Article 420 of the Civil Procedure Act, as it is, in accordance with the main sentence of Article 420 of the same Act.
2. The assertion and judgment
A. 1) The Plaintiff and the Defendant agreed on a partnership business for the purpose of the instant commercial building construction business, and the following partnership was dissolved during the process of the said business (the Plaintiff expressed the term “association and the termination of the partnership business contract,” but it appears to have asserted the dissolution of the partnership. Thus, the Plaintiff’s assertion and the Defendant appears to have asserted the “establishment of the partnership.”
(2) The Plaintiff’s remaining assets are distributed as part of the Plaintiff’s total profit amount of KRW 4.5 billion, which is the amount equivalent to 20 billion of the Plaintiff’s distribution ratio among the minimum profit amount of KRW 4.5 billion that the Plaintiff could have earned from the said business. (2) A partnership agreement with both parties to the judgment, which aims to jointly invest land, etc. and jointly establish and operate a stock company, and share the expenses incurred in the joint management of the company and the distribution of profits in proportion to the share ratio, is based on the premise that the parties are in the name of the joint company and in accordance with the legal principles of the joint company in external and internal relations. Thus, liquidation of the company shall be conducted in accordance with the Commercial Act on the liquidation of the corporation. Thus, insofar as the company is established and its substance is equipped pursuant to such a partnership agreement, unless liquidation procedures are conducted in accordance with the Commercial Act on the liquidation of the corporation,
(see, e.g., Supreme Court Decisions 2003Do7773, Apr. 15, 2005; 2001Da84381, Oct. 11, 2002). Regarding the instant case, the background leading up to the establishment of the J, and the above company.