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1. The part against the defendant in the judgment of the first instance is revoked.
2. All of the plaintiff's primary claims against the defendant.
Reasons
1. The following facts do not conflict between the parties or may be acknowledged by comprehensively taking account of the overall purport of the pleadings in each entry of evidence No. 1-1, evidence No. 2, evidence No. 7, evidence No. 1-1, evidence No. 6-2, and evidence A No. 11-1.
The plaintiff was registered as a shareholder under the financial statements as of December 31, 2003 of F (the first co-defendant B, the first instance co-defendant C, the first instance co-defendant C and the defendant were F’s directors and co-defendant D, and the first instance co-defendant D, who were employed as an auditor, on September 14, 2001, as “stock company H” on April 30, 202, as “stock company I”, and as of December 10, 2002, respectively.
B. On April 25, 2002, the Plaintiff entered into a joint agreement with C to newly build and sell officetels (hereinafter “instant joint agreement”) and the main contents thereof are as follows.
The name of construction: The purpose of Article 1 (Purpose of Contract) C and the plaintiff is to perform their respective duties in consultation with each other in order to facilitate the smooth implementation of the construction projects (offices, commercial buildings) being promoted on two parcels, such as Suwon-si K, Suwon-si, Suwon-si, and the construction project (offices, commercial buildings) being promoted on two parcels.
Article 2 (Scope of Services) C is a joint implementer with the Plaintiff and jointly implementer, and shall faithfully perform the following duties:
- Work following the purchase of land for C’s work - the selection of design offices, sales agency companies, judicial clerks, etc. for the Plaintiff’s joint-related business and the management of proceeds from the sale of contracts - C, the joint settlement of occupancy and the selection of occupancy managers for the Plaintiff’s joint-related business - C, the balance of land for the procurement of 500 million won for purchase deposit and business operation expenses for the Plaintiff’s joint land - C, the joint-related business entity for the Plaintiff’s joint land - the selection of the Plaintiff’s business entity for the purchase of land for the Plaintiff’s work - the management of sales proceeds for the Plaintiff’