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(영문) 인천지방법원 2010.01.13 2008가합8559

분배금

Text

1. The counterclaim of this case shall be dismissed.

2. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounted to KRW 33,756,186 and this.

Reasons

1. Basic facts

A. A. Around June 2001, the Plaintiff entered into a partnership agreement with the Defendant and Nonparty C to purchase the land and newly construct and sell the loan on the purchased land (hereinafter “instant partnership agreement”). Around June 2001, the Plaintiff agreed to take charge of financial management and accounting, and the Defendant and Nonparty to take charge of construction and sales.

After that, on July 26, 2001, the original defendant and C completed business registration with the trade name "D" under a joint name of 3 persons on July 26, 2001.

(2) Under the instant trade agreement, on July 9, 2001, the Defendant and C purchased each parcel of land of 393 square meters in Nam-gu, Incheon, E, and 360 square meters in the same Gu F, 360 square meters in the same Gu, and on March 2002, the Plaintiff and C commenced the construction of a new E-based loan on each of the above sites after purchasing each parcel of land of 360 square meters in Nam-gu, Incheon. The above E-based loan (hereinafter “1 loan”) was completed on December 26, 201, around December 26, 2001, the above F-based loan (hereinafter “2 loan”) was completed at around April 9, 202, and around April 1, 200, the above G ground loan (hereinafter “3 loan”) was completed at around 207, 200 each of the above B loan (hereinafter “each of the instant loan”).

(3) Upon completion of all of the sale limit of each of the instant loan to the first patrolmen on December 2002, the Defendant and C reported the closure of the business on December 5, 2002.

B. (1) The original Defendant and C invested each amount of KRW 160,000,000 in a partner loan, and the remainder of the construction cost was raised by receiving a loan from a financial institution.

(2) The plaintiff in charge of the management of a partner gold shall manage the partner gold using the passbook in the name of the plaintiff (the national bank H, I, hereinafter referred to as the "one passbook", each "second passbook", and the "second passbook"), which he used for his own personal use after the business agreement of this case and until March 10, 202. In order to separately manage only the partner gold on March 11, 2002, the plaintiff's national bank account in the name of the plaintiff J and hereinafter referred to as the "third bankbook").

further opening.