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(영문) 대법원 2015.05.28 2015다8704
매매대금
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

On September 15, 2004, the lower court concluded a partnership agreement with the Plaintiff to purchase each of the instant real estate on September 15, 2004 between the Defendant and the Defendant, and to newly construct a tourist hotel on the job by investing funds in the Defendant and conducting business of real estate development on behalf of the Defendant, and to settle the Plaintiff’s contribution

The Defendant cannot be deemed to have agreed to pay to the Plaintiff KRW 3.6 billion by combining the sales proceeds of each of the instant real estate and the Plaintiff’s contribution to the tourist hotel business, and rather, the Defendant appears to have completed the settlement by paying KRW 466,00,000 to the Plaintiff on September 9, 2008, as regards the portion of the Plaintiff’s contribution to the promotion of the tourist hotel business, including the receipts and expenses for the portion of the Plaintiff’s contribution.

The judgment below

In light of the records, the fact-finding and judgment of the court below are justified, and there is no violation of the rules of evidence, omission of judgment, etc. as alleged in the grounds of appeal.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

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