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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Around June 2015, the gist of the Plaintiff’s assertion entered into an agreement with the deceased C (the deceased on June 6, 2019, hereinafter “the deceased”) under which the Plaintiff jointly carries on the business of distributing and selling agricultural products produced in Chungcheongnamsan and Jeju-do (hereinafter “the instant joint project agreement”), the Plaintiff is in charge of the business of providing funds necessary for cultivating, distributing, and selling agricultural products, the deceased is in charge of the business of cultivating, managing, and settling accounts for one year, and the Plaintiff shall pay 1/3 of the total expenses to the deceased, and the Plaintiff shall bear 1/3 of the total expenses incurred by the Plaintiff, if any, a profit occurs after deducting the Plaintiff’s expenses. However, the loss burden is determined to be settled together with the profit accrued therefrom.
According to the instant joint business agreement, the profit that the Plaintiff is liable to pay to the Deceased according to the result of the settlement in 2017 is KRW 1,925,294, and the profit that the Plaintiff is liable to pay to the Deceased according to the result of the settlement in 2018 is KRW 9,657,812, and the loss that the Deceased is liable to pay to the Plaintiff according to the result of the settlement in 2019 is KRW 85,702,077. Accordingly, the Deceased was liable to pay the Plaintiff the loss (= KRW 85,702,707-( KRW 1,925,294, KRW 9,657,812).
In addition, on September 15, 2018, the Plaintiff lent KRW 30,000,000 to the Deceased, and from the Deceased on April 29, 2019, KRW 9,900,000, and the same year.
5.3.3. 7,940,00 won, including the total of KRW 17,840,00,000, the deceased was obligated to repay the remaining loans of KRW 12,160,000 (=30,000,000-17,840,000).
Therefore, the Defendant, who solely inherited the deceased’s property, is obligated to pay the Plaintiff a total of KRW 86,278,970 (i.e., KRW 74,118,970 as loans of KRW 12,160,00 according to the instant joint project agreement) and damages for delay.