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(영문) 부산지방법원동부지원 2020.04.23 2020가단201417

기타(금전)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserted that the plaintiff and the defendant operate a golf range. The plaintiff invested 56,200,000 won as operating expenses of the golf range, and the defendant agreed to invest the same amount, so the defendant is obligated to pay the same amount as claimed in the claim as operating expenses of the golf range.

2. The plaintiff and the defendant agreed to jointly operate a golf practice range and formed a partnership.

In a case where partners agreed to make a joint investment and operate a joint business, a partnership under the Civil Act is established by the parties to such a partnership, even if one of the parties requests the other party to make an investment in a certain amount according to the agreed ratio, and the other party does not necessarily have a duty to comply with it. In order to have a partner's obligation to make an investment,

In this case, there is no evidence to prove that there was an agreement between the Plaintiff and the Defendant as a member on the duty of investment, and there is no evidence to prove that the Defendant is obligated to contribute considerable operating expenses to the Plaintiff’s amount of expenditure.

3. Accordingly, the Plaintiff’s claim of this case is without merit.

참조조문