Text
1. The judgment of the first instance, including any claims added by this court, shall be modified as follows:
The defendant.
Reasons
1. The reasoning of this part of the judgment of the court is the same as that of Paragraph 1 of the reasoning of the judgment of the court of first instance, and thus, this part is cited by the main sentence of Article 420 of
(hereinafter the title of the judgment of the court of first instance is used as it is).
A. Plaintiff 1) The legal nature of the instant business agreement is the association agreement. The Plaintiff invested the instant apartment site and the instant apartment construction business right in accordance with the instant business agreement. The Plaintiff and the Defendant determined the Plaintiff’s investment value as KRW 1.75 billion. However, the instant business agreement was terminated by the Defendant’s express intent to withdraw from the partnership around March 2014, or was terminated on March 21, 2016 due to the Defendant’s sales of each apartment site without the Plaintiff’s consent to make it impossible to run the instant apartment construction business, which is the objective of the instant business agreement, was terminated at the same time (the Plaintiff asserted the above paragraphs (1) and (2) in the first instance court due to the termination of the instant business agreement, but this court claims the above harbor (the Plaintiff’s withdrawal of the instant business agreement).
2) Therefore, the Defendant is obligated to pay to the Plaintiff KRW 1.27 billion [the amount of KRW 2.15 billion (the amount of KRW 2.50 million (the Defendant sold its business rights to each apartment site and the above site) - KRW 880 million (the expenses paid by the Defendant)] as compensation for damages following the unfair destruction of the business agreement of this case. 1.485 billion [the amount of KRW 2.755 billion [the amount of KRW 1.75 billion (the sales proceeds of each apartment site of this case)] - the settlement amount of KRW 1.275 billion (the sales proceeds of each apartment site of this case under the business agreement of this case) - the settlement amount of KRW 1.277 billion (the amount of KRW 2.5 billion, including the total amount of KRW 750 million). The Plaintiff is obligated to pay the Plaintiff.