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1. Of the judgment of the court of first instance, the part against the plaintiff, which ordered additional payment, shall be revoked.
Reasons
1. Summary of the plaintiff's assertion
A. The Plaintiff, the cause of the overall claim, and the Defendant, while making an investment in real estate, have to bear the burden of payment and to distribute one half of the remaining profits after deducting the principal invested, if profits accrue.
Although there is no provision regarding the apportionment of loss, Article 711 of the Civil Code concerning the partnership shall apply mutatis mutandis to the apportionment of loss, and one-half of the same rate of profit sharing shall also be borne.
B. C commercial building-related 1) The Plaintiff is the Defendant, Yeonsu-gu, Incheon, 101 Dong 105 (hereinafter “C commercial building-related 1”)
) On February 24, 209, 200, 10 million won was lent to 2.5 million won, 2.5 million won was also lent to 3.5 million won on March 25, 2009, 14 million won on June 15, 2009, 24 million won was alleged to be money additionally loaned to 2.5 million won on April 2, 2009, 37.5 million won was paid by the Plaintiff on behalf of the Defendant on April 3, 2009 (=10 million won + 10 million won + 3.5 million won on June 5, 200, 2000, 3.5 million won was already deducted by the Defendant on April 2, 2009, 250 million won was 60 million won on the settlement of 3.5 million won on the basis that C’s investment profits was 65 million won on the settlement of 5 million won among the shares received by the Defendant on the basis of compulsory execution.