추심금
1. The plaintiff's claim is dismissed, and the remaining claims are dismissed.
2...
1. Facts of recognition;
A. On February 10, 2012, Defendant B, C, D (name prior to the opening of name: F) and G entered into a partnership agreement for the joint management of “I” located in Songpa-gu Seoul Metropolitan Government H 9119 (H building 9119, 905, 9091) (i.e., the trade name prior to the change: J: hereinafter “instant wedding”). The distribution of profits was agreed by the last day of each month to settle the profits by the 10th day of the following month and distribute the profits in proportion to the equity ratio.
B. After that, Defendant B, C, D, and G included Defendant E in the investors, and concluded a partnership agreement with each of their respective investment ratios on October 29, 2012 as G 35%, Defendant B 15%, Defendant D 28%, Defendant C12%, Defendant E10%, and Defendant E 10% to jointly manage the instant wedding hall (hereinafter “instant partnership agreement”) to divide the profits and losses incurred in the joint management of the instant wedding hall according to their respective shares in equity (hereinafter “instant partnership agreement”), and did not separately determine the timing of distribution of dividend payment.
C. G was declared bankrupt on April 28, 2014 by Seoul Central District Court Decision 2014Hadan272, and automatically withdrawn from the instant association.
(Civil Law No. 717 No. 2) d.
Defendant C and E transferred all their shares to Defendant B on July 3, 2014, and Defendant D transferred all their shares to K on July 28, 2014.
E. On September 2, 2013, G issued to the Plaintiff a notarial deed of promissory notes worth KRW 100,000,000 at the face value of No. 351 of the Certificate of the General Law Firm of Gender Equality and Family, which was issued by a notary public.
(f) the present G is insolvent.
[Ground of recognition] Facts without dispute, Gap evidence 4, Eul evidence 7-1 through 3, Eul evidence 8, 11-1 and 2, the purport of the whole pleadings
2. Determination
A. The plaintiff G withdraws from the association of this case by being declared bankrupt. As the plaintiff G withdraws from the association of this case by subrogation of creditor, the remaining defendants as union members are at least 100,000 out of the partnership's business shares calculated according to the partnership's property status at the time of withdrawal.