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(영문) 서울고등법원(춘천) 2019.02.20 2018나1174

동업자금반환

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's primary claim and the plaintiff's conjunctive claim added at the trial.

Reasons

On March 2014, Defendant C purchased the land E in the original city and made a joint project under the name of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”), and the Plaintiff and Defendant C commenced the joint project.

The Plaintiff, in lieu of all the funds required for the joint business because the financial resources of the Defendant Company, which was jointly operated at the time, are not good, was 182,61,983 won for employees’ benefits (up to September 2014), 9,442,324 won for employees’ benefits (up to August 2014), 3,952,00 won for office rent (up to October 2014), 7,920,000 won for office rent (up to October 2014), 3,725,049 won for office management expenses (up to October 2014), 92,208,250 won for office accommodation expenses, 12,745,50 won for office accommodation expenses, 23,619,970 won for office accommodation expenses (up to September 23, 2015), 239,09,010 won for office accommodation expenses (up to 2015),3015 won for loans, 20105 won

However, Defendant C collected KRW 102,296,447 and deposited some of the provisional payments, but embezzled the provisional payments of KRW 48,470,577, and the Plaintiff suffered a loss equivalent to KRW 571,64,813.

However, Defendant C demanded the Plaintiff to withdraw from the joint operation of the above land by stipulating that the commercial building will pay KRW 500 million on the above land as the building approval was granted, and the Plaintiff consented to this and withdrawn from the partnership.

However, even though the above commercial building had been approved for construction, Defendant C is not paying the above KRW 500 million, and Defendant C is obligated to pay the above KRW 500 million jointly with Defendant C because it is not only a personal company of Defendant C.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed amount of KRW 500 million and damages for delay.

Judgment

The evidence presented by the Plaintiff is alone.