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(영문) 수원지방법원안산지원 2020.06.24 2019가단18723
수익금
Text

1. Each claim of the plaintiff (appointed party) and the appointed party is dismissed.

2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.

Reasons

The Plaintiff (Appointed Party) asserts that around October 2015, the Plaintiff (Appointed Party) and the appointed parties received the sale of the building on the ground of Pyeongtaek-si M and 19 parcels (hereinafter “instant condominium”) constructed by the Defendant, and that the Defendant was guaranteed the revenues of KRW 1,40,000 per month from the Defendant, and sought payment of each unpaid revenue, as stated in the purport of the claim.

According to the evidence evidence Nos. 1 and 2, the seller of the instant aggregate building is an O corporation and the defendant is merely a corporation responsible for the instant aggregate building, and the "certificate of profit" presented by the plaintiff (appointed party) as evidence that the defendant guaranteed the defendant's profit can only be recognized as the fact that the originator is the P corporation, not the defendant. In light of this, it is difficult to find that the evidence submitted by the plaintiff alone that the defendant agreed to pay the profit to the plaintiff (appointed party) in accordance with the assertion, and there is no other evidence to acknowledge this otherwise.

Therefore, we cannot accept the argument of the plaintiff (appointed party) etc.

Then, each claim by the plaintiffs (appointed parties) and the designated parties is dismissed as it is without merit. It is so decided as per Disposition.

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