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(영문) 광주지방법원 2018.11.02 2018나2406
정산금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. The parties' assertion

A. On August 2017, the Plaintiff and the Defendant provided labor to the Plaintiff, and the Defendant provided the purchase price to conduct a joint business of selling the aged magum field by selling the aged magum field. Under the agreement, the Plaintiff entered into a trade agreement with the profits and losses of 50:50. Under the agreement, the Plaintiff engaged in the harvest of the aged magum from August 12, 2017 to August 19, 2017, and the Defendant earned profits from KRW 16,247,95 by deducting all expenses incurred in selling the aged ma and then making profits from KRW 1,00,000,00 and the Plaintiff’s individual sales proceeds from KRW 320,00,00,000, and damages for delay.

B. The defendant's assertion that there was no agreement between the plaintiff and the defendant on the same kind of business as above. However, the plaintiff and the defendant agreed to operate a business for the distribution of the old field of the old field of the old field of the old field of the old field of the old field of the old field of the old field of the 10 million won by their investment, but the above business was no longer operated since the plaintiff did not make an investment, and the defendant requested the plaintiff only for the labor relations and paid all labor expenses and arranged expenses to the plaintiff accordingly.

2. First of all, as alleged by the Plaintiff, whether the agreement was entered into between the Plaintiff and the Defendant on the same business, and the purport of Gap evidence No. 7 and the entire pleadings, the Plaintiff is found to have arranged the seal of the Plaintiff to engage in the gathering of meat in the high-tech field that the Defendant purchased from August 12, 2017 to the 19th day of the same month. However, considering the fact that the business of the high-tech field distribution in the high-tech field appears to be the main business to secure the purchase fund of the high-tech field and secure the sales place, and that it is difficult to view that the labor of the high-tech fish gathering is relatively simple labor and has a special value on the personnel group, the Plaintiff and the Defendant merely based on the above recognition.

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