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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On August 2013, 2013, the Plaintiff agreed to divide the Defendant’s representative director C and the Seoul Songpa-gu Seoul Metropolitan Government D’s “E tea shop interior.”
Accordingly, the Plaintiff completed the above construction work on September 2013 through the Plaintiff’s direct management or subcontractor.
However, the defendant does not pay the construction cost to the plaintiff even after receiving the construction cost from the "F" as the contractor, and the defendant is obligated to pay the construction cost to the plaintiff according to the gender and good faith.
2. Determination
(a) If the partnership’s remaining remaining assets are not treated as remaining assets and only the distribution of the remaining assets remains, without any need to conduct separate liquidation procedures, each partner may demand a partner who owns the remaining assets in excess of the distribution ratio within the scope of his/her own residual assets to distribute the remaining assets. However, in order to enable such a claim for distribution, the whole details of the partnership’s residual assets, their legitimate distribution ratio, and the current holding details of each partner’s residual assets must be first determined
(See Supreme Court Decision 2013Da29714 Decided June 11, 2015). B.
In other words, the Plaintiff and the Defendant agreed to distribute 50% of their earnings to the Plaintiff after the Plaintiff’s execution of the construction work and the Defendant’s distribution of their profits to the Plaintiff regardless of their profits. The Plaintiff is also in the position of incurring losses, and the Plaintiff is also in the position of incurring losses, and the Plaintiff claims all construction expenses for the part that the Plaintiff performed by the Plaintiff or the subcontractor’s execution of the construction work or the subcontractor’s performance of the construction work. ② The construction works of this case concluded around August 2013.