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(영문) 서울고등법원 2016.12.01 2015나2050987
정산금
Text

1. Of the part concerning the counterclaim in the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) ordering payment below.

Reasons

1. Determination as to the principal lawsuit

A. The Plaintiff’s assertion 1) The Plaintiff’s claim for the settlement of accounts following the termination of the contract at the same time is a large-scale network C (hereinafter “the deceased”).

) After concluding a partnership agreement with the Plaintiff (the Plaintiff was a minor at that time, but later became an adult and ratified the partnership agreement.

(A) From that time to 1993, the service period of the Plaintiff is excluded.

(2) The Plaintiff provided that the Plaintiff provided the Plaintiff with labor, including the Plaintiff and the Deceased’s father, with the Plaintiff’s work of processing doubt in the loss, or operating and managing the entire process from the main plant to the manufacturing to the sales of the products, and driving the vehicle. The Deceased provided that the Plaintiff provided that the Plaintiff would pay any money to the Plaintiff during the period of the said work. Meanwhile, the Plaintiff is the Plaintiff and the Deceased’s father.

At the time of the death of October 10, 1986, only the deceased and E have renounced inheritance on the premise that the deceased would pay the above settlement amount to the plaintiff. After that, the deceased died on or around December 10, 200, the Plaintiff did not pay the settlement amount to the plaintiff even after the Plaintiff left from the above partnership relationship in 1993. The value of the property acquired by the Plaintiff and the deceased in operating the partnership shall reach KRW 20,493,698,950 as of December 10, 200. Accordingly, the Defendant, the heir of the deceased, succeeded to the obligation to pay the settlement amount to the Plaintiff upon the termination of the above partnership relationship. Accordingly, the Defendant, upon the Plaintiff’s request, has the obligation to pay the Plaintiff the settlement amount of the settlement amount, KRW 400,000,000,000, and the damages for delay thereof, even if there was no contract between the Plaintiff and the deceased, since the deceased was not concluded between the Plaintiff and the heir or the Defendant, without the heir’s contractual obligation.

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