logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2019.10.23 2019나52730
동업정산금청구
Text

1. The plaintiff's appeal and this court's supplementary claim are all dismissed.

2...

Reasons

The reasons why the court of this case cited in the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance except for dismissal or addition as set forth in the following paragraph (2). Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act. 2-B of the judgment of the court of first instance.

The term “D” in the first sentence of the paragraph and “D” in the end of the two-thirds agreement, which is written as the representative of F, shall be read as “G”.

The following shall be added to the fourth 17th "only" of the judgment of the first instance.

The main sentence of Article 14 (1) of the Electrical Construction Business Act (it shall not give any subcontract for electrical construction to any other construction business operator", and the agreement of this case concluded by the plaintiff and the defendant shall not be deemed to constitute a business agreement.

3) The following is added to the fourth 20th 20th son of the first instance judgment.

The Plaintiff and the Defendant concluded this case’s agreement with each other under the recognition of “practices” in the same industry that the Plaintiff and the Defendant should obtain consent from one of the subcontractors in order to transfer the right to registration of electrical construction business and the construction work performance to a third party after the completion of the instant construction. The foregoing practice was also included in the content of the instant agreement. Nevertheless, the Defendant’s transfer of the right to registration and the construction work performance to a third party without the Plaintiff’s consent is either a breach of the instant agreement or a violation of the principle of trust and good faith. Alternatively, the Plaintiff and the Defendant claim compensation for damages arising from breach of the contract or the principle of trust and good faith and damages therefor. As examined earlier, it is difficult to recognize that the Plaintiff and the Defendant were in a business relationship with the instant construction, as alleged by the Plaintiff or the Defendant.

arrow