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(영문) 춘천지방법원강릉지원 2014.11.04 2014나786
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure

2. The plaintiff's assertion and judgment

A. Plaintiff’s assertion 1) The Plaintiff and the Defendant agreed to jointly carry on the instant partnership business through the instant partnership business agreement to equal the investment ratio and the distribution ratio of profits and losses. However, under the instant partnership business agreement, the Plaintiff paid KRW 7,00,000 to the Defendant on October 17, 2012 as design expenses, etc., and KRW 30,000 on August 8, 2012. around November 2012, the Plaintiff paid KRW 39,170,000 in total, including KRW 12,00,000,000, which is part of the above amount received from the Plaintiff, up to KRW 160,000,000, KRW 39,000 in total, including the Plaintiff’s investment amount of KRW 39,170,000,000, KRW 200 in total, KRW 39,000,000 in total, KRW 29,000,000 in the Plaintiff’s investment amount.

3. Therefore, the remaining assets of the instant association at the time of withdrawal of the Plaintiff are KRW 64,170,000, which is the remainder after deducting all the above KRW 2,170,000 paid by the Plaintiff from the total amount of KRW 78,340,000 and the above KRW 12,00,000 paid by the Defendant. Of these, the Plaintiff’s shares are KRW 32,085,00.

However, 14,406,449 won of the operating loss of the union as seen earlier shall be borne by the Plaintiff’s individual as the amount of debt incurred in the contract concluded under the name of the Plaintiff.

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