기타(금전)
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. Comprehensively taking account of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 10 through 25 (including branch numbers in the case of household numbers; hereinafter the same shall apply) from May 2013, the Defendants may recognize the fact that construction was completed on October 2014 after obtaining a building permit for the construction of two multi-family houses, three multi-household houses and three multi-household houses constructed on the ground of lots outside Gwangju City owned by the Defendants from around May 2013.
2. 원고의 주장 원고와 피고들은 2013. 5.경, 원고는 공사의 전반적인 관리, 공사업자 선정 및 공사대금 지급시기 조절, 투자자 유치 등의 역할을 하면서 인적 자원을 출자하고, 피고들은 토지와 일부 초기 공사대금을 출자하기로 하고, 손익분배비율을 50:50으로 정하여, 원고가 현장을 관리하면서 전체적인 공사를 지휘하고, 피고들은 원고를 보조하는 방식으로 건축사업을 공동으로 경영하기로 하는 동업약정을 체결하였다.
The Plaintiff invested human resources in accordance with the above business agreement, completed the housing as stipulated in the above Paragraph 1 on the ground of the Defendants’ land, and the Defendants obtained KRW 1,107,00,000 as profits by selling the completed housing in lots.
Therefore, the defendants are jointly and severally liable to pay to the plaintiff 53,50,000 won (=1,107,000,000 won ± 2) and damages for delay.
3. The decision-making partnership agreement is a kind of partnership agreement under the Civil Act. The partnership agreement under the Civil Act is a contract under which two or more persons mutually invest and agree to jointly operate a business, and it can be deemed as a partnership agreement only under the joint management agreement, and the degree of the achievement of joint objectives cannot be deemed as satisfying the requirements for establishment of partnership (see, e.g., Supreme Court Decision 2009Da79729, Feb. 11, 2010). In order to establish an agreement between the parties as a partnership agreement, the agreement shall be deemed as a partnership agreement