logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2015.01.15 2013가합4158
약정금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The parties' assertion

A. From March 28, 2007, the plaintiffs asserted that they entered into a partnership agreement with the defendant from March 28, 2007 and run the business of newly building and selling the building as follows.

From March 28, 2007, the parties to the construction work site order 1: D, the plaintiffs, the defendant, and J 207 - July 3, 2008 - December 2008, - October 2008 - the plaintiffs, the defendant, the defendant, the defendant, the defendant, the defendant, the defendant, the defendant, the defendant, the defendant, the defendant, the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant - the defendant 2 - the defendant - the defendant - the defendant - the defendant 0.

B. Although the defendant alleged that he/she entered into a partnership agreement with the plaintiffs on the construction work Nos. 1 to 3, the fact that he/she entered into a partnership agreement on the construction work No. 4 to 8 does not exist.

2. Determination

A. A. The partnership agreement under the Civil Act is a contract under which two or more persons mutually invest to jointly operate a business, and it can be deemed as a partnership agreement only for an agreement to jointly operate a specific business, and the degree of the achievement of a common purpose does not meet the requirements for establishment of a partnership.

(see, e.g., Supreme Court Decision 2010Da51369, Oct. 28, 2010). The following circumstances, i.e., (i) the agreement between the plaintiffs and the defendant on the construction work set forth in No. 1-A-4 through No. 8 is not prepared, and (ii) the plaintiffs and the defendant invested in the company.

arrow