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서울동부지방법원 2016.09.02 2015가합111677
동업관계 확인

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.


The judgment of the court on this safety defense is examined since the defendant's defense to the purport that the plaintiff's claim for confirmation should be dismissed as there is no interest in confirmation.

In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to it, and thereby, it is recognized that the judgment of confirmation is the most effective and appropriate means to eliminate such unstable or risk when there is apprehension or risk in the Plaintiff’s rights or legal status (see, e.g., Supreme Court Decision 2014Da218511, Dec. 11, 2014). In this case, the defendant does not dispute the existence of the instant partnership agreement. The plaintiff is the plaintiff, who is the plaintiff, in other words, the partnership agreement in this case is valid, and the plaintiff can eliminate the risk or apprehension about his current rights or legal status by confirming the existence of rights and obligations under the instant partnership agreement between the plaintiff and the defendant, so that it

Therefore, the defendant's defense of the above principal safety is without merit.

2. Judgment on the merits

A. The Plaintiff’s assertion between the Plaintiff and the Defendant, the Plaintiff provided the instant real estate from E on credit, and takes charge of construction fund loans, sales in lots, and tax-related affairs, etc., and the Defendant provided the name of the instant business and invested KRW 700 million in the initial fund, and agreed to distribute profits by 50%, respectively, between the Plaintiff and the Defendant, the agreement between the Plaintiff and the Defendant on the business of this case exists.

B. The conclusion of the contract of partnership under the Civil Act is a contract under which two or more persons agree to jointly invest in a trade name to operate a business. It can be said that the contract of partnership is limited to the agreement that jointly runs a specific business.