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(영문) 수원지방법원안산지원 2019.02.14 2018가단1193
설계대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 45,00,000 and 6% per annum from September 29, 2017 to February 9, 2018.

Reasons

1. Facts of recognition;

A. On March 2016, the Defendants purchased a housing site at Jeju as a partnership business and decided to newly build and sell a house. On April 20, 2016, the Defendants concluded a sales contract on the land F in Jeju as Defendant B (hereinafter “instant land”) and the ground buildings (hereinafter “instant real estate” by combining the land and buildings).

B. On May 20, 2016, the Defendants entered into a partnership agreement with the Defendants to jointly carry out a project for the construction and sale of a building on the instant land.

C. On May 27, 2016, the Plaintiff entered into a design standard contract on the performance of the construction design work of apartment houses (multihouseholds) and officetels construction work on the instant land (hereinafter “instant design contract”) with Defendant B, the purchaser of the instant real estate, as a party to the contract, with the Plaintiff as the purchaser of the instant real estate, at the time of completion of the construction work.

The Plaintiff completed the design under the instant contract and applied for a building permit to Jeju Viewing. On August 2, 2016, the Plaintiff was issued a building permit.

E. On September 23, 2016, the Defendants requested the Plaintiff to revoke the construction permit, and the application for the construction permit was withdrawn on September 26, 2016.

【Based on Recognition】 Each entry in Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 7 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim for the design contract price of this case

A. According to the above facts of recognition as to the cause of claim, it is reasonable to view that the Defendants are in the relationship of a partnership agreement under the Civil Act with which not less than two persons agree to make a mutual contribution and jointly operate a business. Barring any special circumstance, partnership creditors are entitled to claim reimbursement according to the ratio of shares to each partner, unless they are the obligations of partnership members. However, partnership obligations are particularly commercial acts for all union members.

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