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(영문) 대법원 2015.05.29 2014다230269
손해배상(기)
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

For the reasons indicated in its holding, the lower court dismissed the Plaintiff’s claim for compensation for damages arising from the Plaintiff’s tort, on the ground that there is insufficient evidence to acknowledge that the Plaintiff and Defendant C operated the business as a partnership through the Defendant Company B (hereinafter “Defendant Company”), and concluded a partnership agreement with the content that the Plaintiff would receive 50% of its business earnings, and that the Plaintiff would receive 50% of its business earnings, and the Plaintiff would also be entitled to receive 50% of its business earnings, and the Plaintiff’s claim for the refund of compensation under the above agreement is also dismissed on the ground that there is insufficient evidence to support that the Plaintiff agreed to transfer the ownership of each of the instant land between the Defendant Company and the Defendant Company to the Plaintiff, and that there was insufficient evidence to support that the Plaintiff agreed to receive

In light of the records, the above judgment of the court below is just, and there are no errors in the misapprehension of legal principles as to oral agreements, the violation of the duty of explanation, the violation of the rules of evidence, the lack of reasons, the incomplete hearing, the contradiction of reasons, the omission of judgment

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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