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(영문) 부산지방법원 2017.09.13 2016가합41145
동업관계부존재확인
Text

1. The main office of this case shall be dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim is dismissed.

3. Of the costs of lawsuit, the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) On February 3, 2009, the Plaintiff entered into the instant partnership agreement with the Defendant, etc., and the Busan Northern-gu C (hereinafter “instant site”).

3) The agreement to establish a gas station and operate it jointly (hereinafter referred to as the “instant trade agreement”).

(2) In accordance with the instant business agreement, the Plaintiff and the Defendant continued to operate a business until December 31, 2017, with a total of KRW 10,000,000,000 and KRW 50,000,000,000 and KRW 50,000,000 and KRW 50,000,00,000 and KRW 10,000,000,000 and KRW 10,000,000, and KRW 10,000,000, and KRW 10,000, and KRW 10,000, and KRW 10,00,00, and KRW 10,000, and KRW 10,00,00, and KRW 10,00,00, and KRW 10,00,00, respectively.

3) The Plaintiff and the Defendant are gas stations on the instant land pursuant to the instant partnership agreement (hereinafter “instant gas stations”).

A. On May 22, 2009, the registration of ownership preservation in the name of the Plaintiff was completed with respect to the gas station of this case.

From that time, the plaintiff and the defendant jointly started the operation of the gas station of this case.

B. Article 1 of the Establishment of Chonsegwon of this case provides the Defendant with a first priority right on the gas station of this case for the purpose of preserving the Defendant’s investment expenses.

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