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(영문) 대구지방법원 2018.02.01 2016가합205704
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant have been engaged in the business of purchasing land through joint investment and constructing a new multi-household house on its ground.

B. On April 30, 2013, the Plaintiff and the Defendant newly built a multi-household house at the Glyang City Co., Ltd. and sold it to others.

C. In addition, on November 7, 2013, the Plaintiff and the Defendant newly constructed and decided to sell multi-household housing on the land D, E, and F, Chungcheongnam-do, Chungcheongnam-do, and entered into a business agreement (hereinafter “instant business agreement”) with respect to their respective equity ratios, etc. as follows.

A summary of the business agreement: B (Defendant) and A (Plaintiff) will construct three multi-household houses in the Chungcheongbuk-gun, E, and F above ground buildings as joint business operators, and will invest in the share of the aggregate of land purchase costs and construction costs, etc.

(b) the percentage of the total amount invested shall be B 70 per cent A 30 per cent.

Business profits shall be distributed in proportion to the ratio of investment funds.

National taxes, local taxes, property taxes, construction funds, and other taxes in the joint place of business shall be responsible according to the distribution rate of profits.

All the acts of repairing defects, financial rights, and all debts due to a building, and all losses due to a place of business are jointly responsible. D.

After that, the Plaintiff and the Defendant newly built each multi-household house as follows, and completed all sales of the above multi-household house around December 23, 2015.

On January 27, 2014, 201 8 households with 504 square meters per 504 square meters per Dong-dong, Haakyang-dong, Haakyang-dong, Haakyang-dong, Haakyang-gun, J-dong, 1 square meters per 1 square meter per 1 square meter per K-dong on March 20, 2014, and 8 households with 11 square meters per Ka-dong on March 20, 2014. The fact that on February 10, 2014, Gwon-dong, Hayang-dong, Hayang-dong, E-dong, Hayangyangyang-dong, Hayangyang-dong, Haakyang-dong, Haak-dong, without any dispute (including a branch number), and the purport of the entire pleadings, as a whole.

2. The association relationship between the Plaintiff and the Defendant, which caused the Plaintiff’s claim, under the instant club business agreement, is fully completed for the smuggling and the multi-household housing.

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