(영문) 부산고등법원 2020.04.23 2018나55947

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(영문) 부산고등법원 2020.04.23 2018나55947

기타(금전)

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. Joint business agreement between the Defendant, C, and D is a company with the objective of selling real estate by proxy and consulting, etc. The Defendant is a company with the objective of selling real estate by proxy and consulting. Codefendant C (hereinafter “C”).

(D) Co., Ltd. (hereinafter “D”)

(2) Around November 25, 2015, the Defendant entered into a joint agreement with E or 75% of the profits, and the Defendant’s share distribution at the ratio of 25%, with respect to the construction and sale of the Ulsan H shopping district, which is implemented on one parcel, the Defendant, as a joint business proprietor, shall be in charge of the rental business, such as the selection of works and the commencement of works, loan, design, etc., and the Defendant, as a joint business proprietor, shall be in charge of the business of attracting and selling down down payment, and the Defendant, as a joint business proprietor, shall be in charge of the business of attracting and selling down payment, and the Defendant, as a joint business proprietor, shall be in charge of the business of selling down payment.

In addition, the Defendant, around December 22, 2015, entered into a joint agreement with C and the Defendant on the construction and sale of the Ulsan J shop, implemented in the above IE and two parcels, to share the above duties, but to distribute the earnings at the rate of 50%, and entered into a joint agreement with C, D, and F, on January 27, 2016, to add D and F as the joint executor of the above business, and to distribute the profits thereafter at the rate of 25%.

(2) The Defendant prepared a written statement that partially changed the method of allocating profits of the instant business, including the following: (a) the instant joint business agreement is deemed to be “the instant joint business”; and (b) the said joint business agreement is to be combined with each other; and (c) the instant joint business agreement is to be paid in advance from C to some households; and (d) the method of distributing profits of the instant business is to be partially changed.

3. Each of the agreements entered into at the time of the instant joint project agreement.

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