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(영문) 광주고등법원 2020.04.22 2019나22738
공사대금
Text

1. The plaintiff's appeal and the first preliminary claim added by this court are dismissed.

2.No. 2. Additional in this Court.

Reasons

1. Basic facts

A. The Plaintiff has the head office in Gwangju Dong-gu and mainly conducts interior construction business and interior interior construction business in Gwangju-gu, and F is a person who actually operates the Plaintiff. The Defendants run the “Eju shop” in Jeju-si D from April 22, 2017 to Jeju-si (hereinafter “instant restaurant”).

B. From February 2017 to April 20, 2017, F had the Plaintiff take charge of the interior works of the instant restaurant (hereinafter “instant construction”).

C. As a result of the appraisal by the appraiser H of the first instance trial, the construction cost required for the instant construction was assessed to KRW 210,681,000.

On March 29, 2017, Defendant B deposited KRW 30,000,00 in the Plaintiff’s deposit account under the Plaintiff’s name, and F transferred KRW 10,000,000 among them to I upon Defendant B’s request on April 10, 2017.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence 1, 3 and 5 (including each number; hereinafter the same shall apply), the result of the appraisal by the first instance appraiser H

2. Judgment as to the main claim

A. The Plaintiff’s assertion concluded a partnership agreement with the Defendants to jointly operate the instant restaurant through F, a proxy (hereinafter “instant partnership agreement”), and fulfilled the Plaintiff’s duty of investment by performing the instant construction.

However, the Defendants entirely operated the restaurant of this case, and excluded the Plaintiff from the partnership relationship, and the Plaintiff withdrawn from the partnership relationship on the grounds of the Defendants’ violation of the partnership agreement.

Therefore, the Defendants are jointly and severally and severally liable to the Plaintiff for the settlement due to the Plaintiff’s withdrawal from the partnership relationship (=The appraised value of the construction cost of KRW 210,681,000 - the construction cost of KRW 20,000 already paid-in (=30,000,000 deposited by Defendant B on March 29, 2017) - the construction cost of KRW 10,000 remitted by F on April 10, 2017; hereinafter the same shall apply) and the partnership relationship between the Plaintiff and the Plaintiff.

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