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(영문) 인천지방법원 2017.11.10 2015가합60128
정산금 청구의 소
Text

1. The Defendant: (a) KRW 239,124,792 for the Plaintiff; and (b) 5% per annum from May 21, 2016 to November 10, 2017 for the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the construction business and the Defendant is a boiler company’s agent (C boiler).

B. Around August 2012, the Plaintiff and the Defendant entered into a partnership agreement with the Plaintiff to newly construct and sell a multi-household house in Bupyeong-gu Incheon Metropolitan Government D, and the Plaintiff invested KRW 154,00,000, and the Defendant invested KRW 420,000.

(hereinafter referred to as "first Dong business") with the content of newly building and selling multi-household housing in Bupyeong-gu Incheon Metropolitan City D.

around April 23, 2013, multi-household housing was completed in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and the sale of multi-household housing was completed around November 30, 2013.

The Plaintiff and the Defendant decided to re-investment in the business of newly constructing and selling multi-household housing in which all the proceeds accrued without settling the profits accrued from the primary business, and newly constructing and selling multi-household housing in the city E and F around April 1, 2013.

(hereinafter referred to as “second-class partnership business”). (e)

The Plaintiff and the Defendant decided to re-investment in the business of newly constructing and selling multi-household housing in which all the proceeds accrued without settling the profits accrued from the second business, and newly constructing and selling multi-household housing in the Gu government around February 5, 2014.

hereinafter referred to as "third partnership business".

f. F. The respective types of 1, 2, and 3 consecutive operations between the Plaintiff and the Defendant were terminated on December 31, 2014. G. The Defendant has been operating a boiler company even during the respective types of operations 1, 2, and 3. [Grounds for Recognition] without dispute, and Gap evidence 1 through 3, and 8 (if there are only one number without separate descriptions, each number is included).

hereinafter the same shall apply.

- The purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The Plaintiff and the Defendant were in a partnership relationship, but the new construction and sale of a multi-household building according to each of the following businesses was completed, and the partnership relationship was terminated, and there is no remaining remaining business to be handled in a relationship with a third party outside the partnership.

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