손해배상(기)
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
1.
1. The reasoning of the judgment of the court of first instance is the same as that of "1. Basic Facts", and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to the cause of action
A. The Plaintiffs and the Defendant asserted that only one billion won of the loan obligations of financial institutions exist in the Dong company comprised of the Plaintiffs and the Defendant (hereinafter “Dong company of this case”), the Plaintiff Company invested KRW 600 million, and entered into the instant partnership agreement with the Plaintiff B and the Defendant to recognize their respective share in the partnership business with KRW 900 million.
However, at the time of the conclusion of the instant partnership agreement, the instant Dong company had more than KRW 300,000,000,000 for the repayment of the sublease deposit with respect to the part of the hospital building than the above KRW
Plaintiff
B and the defendant should have entered into the partnership agreement with the plaintiff under the condition that the above 1 billion won debt of the Dong company of this case was fully repaid. Accordingly, the defendant is obligated to pay 300 million won to the Dong company of this case to pay the above 1/2 of the above 150 million won to the plaintiffs who remain members of the Dong company of this case.
B. As seen earlier, Article 4(1) of the instant business agreement provides that “The present debt is KRW 1 billion in bank loans and has joint liability. The joint liability is to be repaid in installments at common expenses from 2012.”
However, in case where it is found that the debt amount of the Dong enterprise of this case does not exceed one billion won to the plaintiff Eul who newly joined the plaintiff Eul and the defendant as a partner, and otherwise, it is difficult to recognize that the plaintiff Eul and the defendant are liable to extinguish the debt by paying an amount equivalent to one half of the excess amount to the Dong enterprise of this case, and otherwise, the plaintiff Eul and the defendant are not liable to extinguish the debt of this case.