logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.07.21 2019나2012556
손해배상(기)
Text

1. Of the part concerning the counterclaim in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who exceeds the following amount ordering payment.

Reasons

1. The reasoning for the court’s explanation on this part is the same as that of “1. Basic Facts” among the reasoning of the judgment of the court of first instance, and thus, this part of the judgment is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act. 2. The reasoning for this court’s explanation as to this part of the judgment of the court of first instance is the same as that of “the judgment on the claim of second instance” among the grounds of the judgment of the court of first instance, and thus, this part is

Part 12 of the first instance judgment, the following is added to the fourth instance judgment:

Even if the Defendant’s non-performance of obligation is not acknowledged, the instant agreement constitutes a partnership agreement. Since the instant agreement was terminated by the Plaintiff’s expression of intent to dissolve or withdraw from partnership around May 2017, the Defendant shall pay to the Plaintiff the amount of KRW 47,114,30,50, which is KRW 50,000, which is KRW 94,228,660, which is KRW 50,000, which was paid by the Plaintiff pursuant to Article 5(1) of the instant agreement. Furthermore, even if the said raw material cost is not subject to settlement, insofar as Article 5(2) of the instant agreement sets the ratio of allocating profits between the Plaintiff and the Defendant at 50%, as long as the ratio of allocating profits between the Plaintiff and the Defendant under Article 5(2) of the instant agreement is set at 50%, the damages incurred from the instant partnership should also be apportioned at the same ratio. Thus, the Defendant shall pay the Plaintiff the total losses incurred to the Plaintiff as the settlement amount.

2) Determination A) The legal nature of the instant partnership agreement and the cause of termination, etc. (1) The partnership agreement under the Civil Act is a contract under which two or more persons mutually invest to operate a business jointly (Article 703 of the Civil Act). It can be limited to the agreement under which they jointly operate a specific business.

(see, e.g., Supreme Court Decision 2009Da79729, Feb. 11, 2010). However, the facts recognized earlier and the evidence and the entire pleadings.

arrow