대여금 및 정산금 등 청구의 소
1.The judgment of the first instance, including any claims for exchange change and extension in this Court, shall be as follows:
1. Basic facts
A. On July 6, 2017, the Plaintiff and the Defendant entered into a partnership business agreement with the Plaintiff and the Defendant to jointly operate the I funeral hall (hereinafter “instant funeral hall”) on the ground of the Seoul Special Metropolitan City, H, and D (hereinafter “instant first partnership business agreement”).
The main contents of the instant agreement on the Dong business of the I funeral hall business and the defendant shall enter into an agreement on the I funeral hall business as follows:
1) The Defendant is responsible for running the construction of a building by investing in all facilities from the commencement to the completion of construction. 2) The Plaintiff has a right to share of 50:50,000 won in land, buildings (movable property, real estate), and house fixtures, etc. by investing the total amount of KRW KRW 30,000 in daily gold, and the Plaintiff and the Defendant are joint names
3) The Plaintiff and the Defendant divide the remainder of the business expenses into 1/2. 4) If the Defendant offered a security loan after completion, the Defendant’s equity capital will be repaid within four years.
(A) On July 6, 2017, the following are the participants E (Signatures) and F (Signatures) of the Plaintiff (Signatures).
B. A written contract for construction work that the Plaintiff and the Defendant contracted the construction work of the instant funeral hall to the J Co., Ltd. (hereinafter “J”) for KRW 495,00,000 (including value-added tax) for construction work, was drafted as of October 14, 2017. However, in fact, G, who is the Plaintiff’s relative and staff of J, as the site manager, was directly engaged in the said construction work on behalf of the Plaintiff and the Defendant.
C. On October 2017, the Plaintiff and the Defendant agreed to change the retaining wall construction materials of the instant funeral hall from concrete to a panel. Around October 2017, the Plaintiff and the Defendant concluded an agreement to reduce the Plaintiff’s investment amount from KRW 350,000,000 to KRW 300,000 under the instant business agreement (hereinafter “instant modified business agreement”).
The Plaintiff and the Defendant are the Plaintiff.