이익분배
1. The first instance judgment, including a claim added and reduced in this Court, shall be amended as follows:
1. The defendant asserts that the application for change of the purport and cause of the claim, which the plaintiff added to the claim for settlement of accounts in this court, should not be allowed because it does not have the identity of the basis of the previous claim and substantially delays litigation procedures.
The modification of a claim can be made within the extent that the basis of the claim does not change, unless it substantially delays the litigation procedures (Article 262(1) of the Civil Procedure Act). The modification of the purport of the claim and the cause of the claim merely differs in the same life, or in the dispute resolution method concerning the same economic benefit, if most of the previous litigation data can be used for the purpose of hearing a new claim, the litigation procedures shall not be significantly delayed, and the modification of the purport of the claim and the cause of the claim
(2) In light of the foregoing legal doctrine, the claim for distribution of profits and the claim for the settlement of accounts arising from the withdrawal of an association, which was added by this court, is a dispute surrounding the settlement of accounts between the Plaintiff and the Defendant, and is related to the same living or economic interest. However, inasmuch as the legal composition of the claim is different, it is reasonable to deem the same as the basis for the claim as the basis for the claim.
Therefore, the defendant's defense prior to the merits is without merit.
2. Basic facts
가. 원고와 피고 및 C는 1995. 9. 18.경, 원고와 피고가 각 현금 1억 5,000만 원 및 축산발전기금 대출금을, C가 축산발전기금 대출금을 투자하여 양계사업을 공동으로 운영하기로 하는 내용의 동업약정을 체결하였는데(이하 ‘이 사건 동업약정’이라 하고, 이 사건 동업약정에 따라 형성된 동업체를 ‘이 사건 조합’이라 한다), 당시 3자간 동업관계에 따른 손익분배비율 및...