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(영문) 대전고등법원 2018.09.12 2017나12989
청산금 청구등
Text

1. The primary part of this Court is against each of the Defendant A and Preliminary Plaintiff B (Appointed Party) added by this Court.

Reasons

1. The reasoning for the court's explanation concerning this part of the facts is that "the appointed party," "the appointed party," "the stock company," and "D" in Part 8 and 9 of Part 8 of the judgment of the court of first instance (hereinafter "the appointed party"), "the appointed party," "the stock company," and "the joint investor C and A" (hereinafter "D") are deleted under Part 7 of the third top part, "the joint investor C and A" are added in Part 3 of the third part, "the court" in the last part and the last part of the third part are "the first instance court," and "the witness" in the last part are the same as the reasons for the judgment of the court of first instance, and they are cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiffs' assertion

A. On October 2012, Plaintiff A or B (hereinafter “Plaintiff”) entered into an agreement with the Defendant to purchase the instant land and to newly construct and sell the instant building on the ground and distribute its profits therefrom (hereinafter “instant agreement”).

At the time of the agreement of this case, the Plaintiff and the Defendant agreed to pay KRW 150 million to the Plaintiff’s side, and KRW 110 million to the Defendant. The land registration cost and the new construction fund were to be borne by the Plaintiff’s side and the Defendant’s half. The name of the land and the building in this case was to be favorable in terms of costs and taxes.

The Plaintiff transferred the money to D’s account, which was to make an investment under the instant agreement.

B. A cooperative relationship under the Civil Act or an anonymous cooperative relationship under the Commercial Act is established directly between the Plaintiff and D. D, and D, upon the Plaintiff’s withdrawal from the association or dissolution of the association, is obligated to settle the amount of investment to the Plaintiff side, or upon the termination of the undisclosed association by the Plaintiff, the value of the investment is to be returned to the Plaintiff side pursuant to Article 85 of the Commercial Act, and the Defendant is jointly and severally guaranteed with the instant written confirmation.

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