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(영문) 인천지방법원 2015.09.11 2010가합2875
분배금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 2001, the Plaintiff entered into a partnership agreement and newly constructed and sold loan 1/3 of its profits by jointly purchasing the land between the Defendant and C and newly building and selling loan 1/3 (hereinafter “instant partnership agreement”).

(2) On July 26, 2001, the original Defendant and C completed the business registration under the trade name of “D” and conducted the said joint business. The Defendant was in charge of funding management and accounting, and the Plaintiff and C were in charge of construction and sales.

(1) On July 26, 2001, 2001, 200 m2, 200 m2, 360 m2, 200 m2, 360 m2, 200 m2, 360 m2, Nam-gu, Incheon, Nam-gu, Incheon, Nam-gu, Seoul, Seoul, for the use of the purchase of the land in the Do-dong-gu land (hereinafter referred to as "the instant loan"), the Defendant and C purchased the following site pursuant to the instant business agreement and newly built the m2, 3,000 m2, 202, 200 m2, 3, 2002, 202, and obtained the use approval (hereinafter referred to as "the instant loan"), by adding 1, 2, and 3 m2, m2:

4) On December 5, 2002, the Defendant and C filed a report on the closure of the sales of each of the instant lending services with respect to “D” at the time of the completion of most of the sales of each of the instant lending services.

B. The original Defendant and C invested KRW 160,000,000 as a partner’s money, and the remainder of the construction cost was financed by the financial institution. 2) After the instant business agreement, the Defendant, who was in charge of managing the partner’s money, was in charge of managing the partner’s money using the passbook in the name of the Defendant (the national bank H, I, hereinafter “the first passbook”) used for the personal purpose from the financial institution to March 10, 202, and managed the partner’s money. On March 11, 2002, the Defendant opened an additional passbook in the name of the Defendant (the national bank J, hereinafter “third passbook”) to manage only the partner’s money separately, and transferred the amount to KRW 174,262,720 as a partner’s money to the third passbook.

3..

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