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1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 28, 2015, the Plaintiff and E entered into a partnership agreement with the content that invested KRW 500 million each, thereby jointly constructing a loan on the land outside the Yeonsu-gu Incheon Metropolitan City F and distributing profits generated from the sale of the loan to 50% each (hereinafter “instant partnership agreement”).
B. In the instant partnership agreement, the Plaintiff determined that the Plaintiff is in charge of the financial and administrative affairs related to the construction of loan, and E was in charge of the overall construction of loan, and the Plaintiff and E entrusted the name of the owner of some loan (101~105) to the Defendants.
1. E shall manage each passbook in the name of Defendant B (101 Dong, 102 Dong), Defendant C (103 Dong, 104 Dong) and Defendant D (105 Dong), and shall manage and supervise the whole construction;
At this time, the construction cost shall be determined through mutual consultation.
2. The Plaintiff shall immediately transfer the sale price of the building under the name of Defendant B (101 Dong, 102 Dong), Defendant C (103 Dong, 104 Dong) and Defendant D (105 Dong) to the head of Tong (H of National Bank) in the name of the Plaintiff agreed with the Plaintiff and E, and manage it.
And the sale price is the joint ownership of the plaintiff and E.
3. The Plaintiff and E shall register a financial institution’s cooperation system so that both parties of the passbook under their mutual management can always verify the details thereof (SPT sharing, etc.). 4. The Plaintiff transfers the insufficient construction cost from the deposited sales price to each passbook under the name of the Defendants managing E, in the event that the construction cost, etc. falls short of the construction cost, etc.
5. The plaintiff and E shall distribute 50% of the profits remaining after the settlement of all the agreed construction costs in the passbook managed by the plaintiff.
C. On February 3, 2016, with respect to the instant trade agreement, the Plaintiff and E drafted a “written notification on the implementation of joint investment in GG Dong-based Loan Joint Investment” (Evidence A2) with the following contents.
Meanwhile, on August 18, 2016, the Plaintiff and E pay each purchase price after the date of gold between the Defendants.