건물인도등
The claim of this case is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts [this case’s partnership agreement] The Plaintiff (A), the Defendant (A), and C (C) enter into the following contracts with a view to jointly distributing profits arising from the management of D’s business:
Article 1 (Duty of Investment by Gap, Eul, and Byung) Article 1 (Duty of Investment) The obligation of investment must be completed by investing 30,000,000 in commercial buildings and cash in 30,000,000 (at 40% equity) and 50,000,000 for lease deposit for commercial lease; Eul's overall old-age and cash 85,000,000 for each party project (at 50% equity); Byung's financial support and audit for the party project; and Eul's obligation of investment should be completed by investing 15,00,000 won in cash and cash (at 10% equity) by January 31, 2018.
Provided, That as down payment, Gap shall pay 10,000,000 won for Byung, 5,000,000 won for Byung until January 22, 2018.
Article 2 (Business Management Obligations of B) as the care of a good manager, he/she shall operate the business and manage property, and shall faithfully perform all obligations to A.
Article 3 (Obligation to distribute Profits to Party B) A shall distribute profits equivalent to 40% of the monthly profits from February 1, 2018 to the termination of this Agreement to Party B, and at the same time distribute profits equivalent to 10% of the monthly profits to Party C, and at the same time present a comparison table to Party B and C.
Section 4 (Representative Obligations) Transactions with third parties necessary for the management of the above business, business names, and other activities incidental to the business shall be entitled to represent this and the obligations of rights shall be borne by B.
Article 6 (Liability B for Loss) A shall continue to operate the business with the sole additional expenditure of B even if he/she has suffered loss due to the operation of the business, and shall settle the additional expenditure at the time of conversion of profits or at the later expiration of the contract.
Article 10 (Right to terminate Contract A, B, and C), B, and C may terminate the contract without a peremptory period against the other party in any of the following cases:
1) The average for three months on average due to the business of Gap, Eul, and Byung where the cash set forth in Article 1 is not available.