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(영문) 서울고등법원 2017.10.19 2017나2004742

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

[Claim]

Reasons

1. The plaintiff filed a claim against the defendant for damages due to non-performance of the partnership agreement (10 million won) and a claim for distribution of residual property (10 million won) based on termination of partnership relations (2). The first instance court dismissed all the plaintiff's claim against the defendant.

The plaintiff appealed only for the damages claim due to the non-performance of the partnership agreement. Thus, this Court's judgment is limited to the damages claim due to non-performance of the partnership agreement

2. The reasoning for this part of this Court is as follows, and the reasoning for this Court’s reasoning is as stated in the corresponding part of the judgment of the first instance except for those recorded as follows. Thus, this part of the reasoning is cited by including a summary pursuant to the main sentence of Article 420 of the

The term "Defendant B" is divided into "Defendant C", "Defendant C", and "Defendant D" into "Co-Defendant C of the first instance trial" and "Co-Defendant D of the first instance trial", respectively.

The fourth F Co., Ltd. F (hereinafter referred to as the "F") shall be adjusted to the "F", and the "F" shall be adjusted to the "F" and the "F" shall be adjusted to the "F".

The 4th 10th 10th 10th 1st 1st 1st 1st 1st 200.

3. The summary of the cause of the Plaintiff’s claim and the Defendant concluded a partnership agreement with the Plaintiff to raise KRW 200 million and invest the remaining KRW 200 million in the instant business in the instant investment agreement, respectively. The Plaintiff actually invested KRW 200 million in the instant business on August 1, 2014 (i.e., KRW 100 million in the name of business participation on September 11, 2014), but the Defendant did not invest KRW 200 million in the instant business.

If the Defendant invested KRW 200 million in the instant project in accordance with the Plaintiff’s association agreement, the LAF decided to suspend and discontinue the instant project on June 29, 2015, and the amount of KRW 200 million remains. The Plaintiff is 50 million among them (the Plaintiff’s investment amount of KRW 400 million out of the total investment amount of KRW 400 million by the Plaintiff and the Defendant).