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1. The plaintiff's appeal and the conjunctive claim (the claim for the allocation of partnership property) added in the trial are all dismissed.
2...
Reasons
1. On January 2017, the Defendant, who had the filing date of the claim, was awarded a subcontract to the Nonparty Co., Ltd. for the structural construction among the construction works for the Class II neighborhood living facilities and the two new accommodation facilities on the ground (hereinafter “the primary construction”) and the construction works for the structural construction among the construction works for the first two new accommodation facilities on the ground (hereinafter “the second construction works”), and it was difficult for the Defendant, alone, to perform the instant construction works on the ground that there was no construction license necessary for reinforced concrete construction works.
(2) Accordingly, the Defendant suggested that the Plaintiff holding the construction license (the Defendant became aware of the Plaintiff at the end of December 2016, 201) should proceed with the instant construction work together with the Plaintiff.
In response to the Defendant’s proposal, the Plaintiff entered into a subcontract agreement for the instant construction project in the name of the Plaintiff, and processed various administrative procedures incidental to the instant construction project. The Defendant: (a) substantially manages the instant construction site; and (b) made oral agreements with the Plaintiff and the Defendant to divide the profits therefrom after completion of the construction.
(2) On June 1, 2017, the Plaintiff and Defendant 2 entered into the instant construction contract with the construction site on May 29, 2017 (including additional tax) for the construction cost of the changed contract on May 29, 2017, and the construction period of KRW 355,226,840,331,220,742 KRW 165,742,000,000 and KRW 145,8170,000 from February 1, 2017 to June 30, 2017 (the construction cost of the instant case was changed to 35,000,000,000 KRW 16,50,000 to June 30, 2017). The Plaintiff and the Defendant resided on July 31, 2017 with the construction site on July 20, 2017 (the construction cost of the instant case).
(4) The Plaintiff is a bank account under the name of the Defendant.