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(영문) 부산지방법원 2016.03.31 2015가단207026
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 31,432,020 and interest rate of KRW 15% per annum from March 6, 2015 to the date of complete payment.

Reasons

1. Basic facts

A. On June 15, 2012, the Plaintiff and the Defendant entered into a partnership business agreement (hereinafter “instant partnership agreement”) with a house that seeks No. 108 and No. 1101 (hereinafter “instant apartment”) from Busan Northern-gu, Busan-gu, which is a C owner, to distribute profits from the interior construction (hereinafter “instant apartment”).

The main contents of the instant partnership agreement are as follows.

Article 2 (Capital) The Plaintiff shall pay KRW 20 million out of the expenses for the test of the office that the Plaintiff is aware of, and the remainder shall be responsible for all the expenses.

Article 3 (Contract Period) The contract period of the apartment house which is the owner of the apartment house in this case and the plaintiff shall be the contract period, and the defendant shall delegate all the contents of the old house contract to the plaintiff.

Article 4 (Gregical Contents, etc.) The defendant will undertake construction works in consultation with C's spouse E, the owner of the apartment of this case.

Article 5 (Period of Business Operation) The Plaintiff shall pay to the Defendant the amount of KRW 1 million per month from the six-month period after the profit of KRW 50 million has accrued within five months from the date of the contract term to the expiration of the contract term.

Article 6 (Distribution of Profits, etc.) In the distribution of profits, the defendant shall pay the plaintiff 6% of the construction cost per unit of construction to the plaintiff.

Article 10 Upon expiration of the contract period, the apartment owners of the apartment of this case, which are the house of this case, shall be bound to collect all the parts of the test [all of the floor, the entire floor, the tent, the Arabic, and attached stuffs, the restoration to the original state, the entire bathing rooms, the entire scambling rooms, the total scambling scams, and the sun-dried type air conditioners] from the owner of the apartment of this case, who is the house of this case, which is the house of this case being scambling at the expiration of the contract period.

B. On June 30, 2012, the Plaintiff entered into a lease agreement to lease the instant apartment from C (hereinafter “instant lease agreement”) that provided that the Plaintiff agreed to undertake interior construction as a house bordered in the instant agreement.

In this case.

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