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(영문) 창원지방법원 2015.08.20 2013가합31342

배당이의

Text

1. Of the distribution schedule prepared on April 2, 2013 by the said court with respect to the Changwon District Court C’s auction of real estate.

Reasons

1. Facts of recognition;

A. The agreement between the Plaintiff and D on the partnership and the completion of the instant real estate 1) The Plaintiff and D on February 15, 2005 with respect to the business of constructing and selling a building on the land of Jinhae-gu, Jingu, Changwon-si (hereinafter “instant partnership agreement”).

In order to jointly distribute profits arising from the construction of a new building under the same contract, a contract is concluded as follows. Each joint business operator shall enter into an agreement on the same business with the aim of jointly distributing profits as follows. Article 1 (Contribution Amount): The funds required for the business of a bank (J) loan of KRW 800 million and KRW 450 million in cash; KRW 60 million in cash of KRW 300 million and the total construction cost required for the construction work of the Plaintiff (G: H representative director); and KRW 40% of the total construction cost shall be responsible for the husband’s representative director; the construction cost shall be paid until the completion of construction; and KRW 40% shall be the rest of the construction. Each joint business operator shall enter into a contract on the same business with KRW 60% and KRW 40% on the profits and losses accrued from the business, and KRW 300,000 on the land at KRW 70,70,000 and KRW 17,707,000 on the land at KRW 27,07,07.

B. D’s name includes: (a) the preparation of the loan certificate in the name of D; and (b) the provisional registration in the name of the Defendant was completed; (c) D’s name that, for the same business as the Plaintiff, entrusted the Plaintiff and the Defendant with all the affairs pertaining to the construction of the said I building to F, South Korea, and issued to F on February 16, 2010 a power of delegation to F to jointly delegate the said I building’s purchase and sale, lease, mortgages, and other powers; (d) the Defendant on February 25, 2010, issued a letter of delegation to F; and (e) on February 25, 2010, the Defendant did not specify that D would have paid KRW 150,000,000 from the Defendant; (d) 2% per month; (e) 3% per month for delay; and (e) borrowed by setting the due date as soon as the interest