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(영문) 서울고등법원 2017.11.02 2017나2001965

투자금

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The court's explanation on this part is identical to the entry of "1. Basic Facts" in the judgment of the court of first instance, in addition to the fact that "Plaintiff: 298,980,000 (including the unpaid premium)" is "investment of KRW 198,980,000 (including the unpaid premium)" under the third below among the grounds of the judgment of the court of first instance, and therefore, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

A summary of the Plaintiff’s assertion on the claim of this lawsuit 1) The Plaintiff concluded the instant club business agreement with the Defendant and operated the instant store together, and subsequently terminated the instant club business agreement by serving a copy of the instant complaint on September 2014, as the relationship between the Plaintiff and the Defendant was broken down. In the event of dissolution of the association, if the association does not dispose of the remaining assets as the remaining business of the association, and only distribution of remaining assets remains, it is possible to fairly distribute the remaining assets through a simple method without undergoing separate liquidation procedures. The settlement amount to be paid by the Defendant to the Plaintiff is KRW 168,980,00,00 and the total amount of 23,680,000,000 and the total amount of 30,000,000,000,000 and KRW 168,000,000,000,0000,000 won and KRW 168,570,000,000.