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(영문) 수원지방법원안양지원 2016.10.13 2015가단103478

동업관계청산 등

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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

Plaintiff’s assertion

On February 2, 2001, the Plaintiff invested funds with the Defendant who is the birth partner, and the Defendant agreed to operate C production and sales business by investing C production technology.

After that, the plaintiff and the defendant agreed to operate the D Development Project together.

According to the above agreement, the Plaintiff paid to the Defendant the amount of KRW 331 million (the amount remitted to the Defendant’s Jeju Bank account in the amount of KRW 183 million,00,000,000,000 to KRW 17 million,000,000,000 to KRW 32 million,000,000 to the Defendant’s Jeju Bank account, and delivered the goods equivalent to KRW 47 million to the Defendant.

The plaintiff and the defendant wanted D on October 22, 2005.

On December 3, 2014, the Plaintiff notified the Defendant of his intention to withdraw from the partnership relationship (cooperative) and requested dissolution of the partnership relationship (cooperative).

The defendant is obligated to perform to the plaintiff following calculation following the withdrawal from the partnership or liquidation following the dissolution of the partnership relationship:

In the first place, the Defendant is obligated to take procedures for the registration of ownership transfer on December 3, 2014 with respect to the portion of 1/2 of the real estate listed in the attached list to the Plaintiff, and to deliver movable property recorded in the attached list of movable property to the Plaintiff.

Preliminaryly, the Defendant is obligated to pay the Plaintiff KRW 271,147,380 as stated in the attached list of real estate and KRW 104,450,00 as stated in the attached list of movable property and KRW 375,597,380 as stated in the attached list of movable property, and KRW 187,798,690 as stated in the attached list of movable property and delay damages.

Judgment

In fact, the plaintiff paid a sum of KRW 350 million to the defendant living together with the plaintiff who carries out the C Production and Sales Business and D development business in Jeju and delivered articles in the amount as follows:

The remittance amount of land sale proceeds: 31 million won (round March 7, 2001) remitted to the Defendant’s Jeju bank account: Amount of KRW 164 million on October 10, 2001 as of the date of the original year (original) 22, 200,000,000,000

5. 5,00.0