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(영문) 수원고등법원 2019.10.17 2019나12806

동업정산금 청구의 소

Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. The reasoning of this court’s acceptance of the judgment of the first instance is the same as that of the part of the reasoning of the judgment of the first instance, except for the addition of the following as stated:

(1) The court of first instance held that the evidence submitted by the plaintiffs to this court is reasonable in view of the evidence duly adopted and examined by the court of first instance, and that the court below's findings and determination is just, and there are no errors as alleged in the grounds for appeal by the plaintiffs). The court of first instance added the evidence No. 5 to the following 8 of

(4) In addition, since the instant agreement was concluded between the Plaintiff A and the Defendants, the Plaintiff B is not a party to the said agreement (as to this case, the Plaintiffs asserted to the effect that they are “sworn parties” of the said agreement (see, e.g., the Plaintiff’s preparatory brief dated September 18, 2019). However, the evidence submitted by the Plaintiffs alone cannot be deemed to have agreed between the Plaintiff A and the Defendants to be the parties to the said agreement, and there is no other evidence to acknowledge it otherwise.

The following shall be added, among the judgments of the first instance court, to the following:

“In addition, as seen earlier, Plaintiff B was not a party to the instant agreement, and the Plaintiffs voluntarily filed a lawsuit claiming wages of KRW 10,000,000 per annum, not the aforementioned monthly wage of KRW 10,000 per annum, and withdrawn the lawsuit (No. 4-1 and No. 2 of the evidence No. 4).

2. In conclusion, the plaintiffs' claim of this case against the defendants is without merit.

The judgment of the first instance is just in conclusion, and the plaintiffs' appeals against the defendants are all dismissed.