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(영문) 대전지방법원 2018.11.21 2018가합102359

투자금반환청구

Text

1. The Defendant’s KRW 64,166,261 among the Plaintiff and KRW 62,814,281 among the Plaintiff, shall be KRW 1,351,980 from February 17, 2017.

Reasons

1. Basic facts

A. From around 1995, the Plaintiff sold Da and herb drugs, etc. at the Dasan-gun D Center E store operated by his father C (hereinafter “E store”).

B. The Plaintiff and the Defendant began living together from September 2003, and at the time, the Defendant had legal relations with other women.

C. Around August 2008, the Plaintiff received from C the right to operate an E store. Around that time, the Plaintiff entered into a partnership agreement with the Defendant to operate an E store together with the Defendant and to intend to make the profits therefrom as the business property.

(hereinafter “instant trade agreement”). D.

On March 2009, the Defendant purchased 270 million won of shares of G, which included the right to operate the D Center F shop (hereinafter “F shop”) with the profits from the operation of the E shop (hereinafter “E shop”) around 160 million won, including the right to operate the E shop, and the Plaintiff and the Defendant operated the F shop together around that time.

E. From November 2015, the Plaintiff and the Defendant had repeated conflicts due to the Defendant’s legal divorce relationship, and had been separated from November 2016, and operated the Fho Lake and E stores separately from around that time.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 3, Eul evidence 16 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the claim for distribution of residual property

A. The withdrawal of an association pursuant to Article 716 of the Civil Code of 198 refers to the withdrawal of a certain partner in the future. In this case, the association itself maintains its identity by the rest of the union members and continues to exist. Accordingly, the withdrawal is premised on the fact that the remaining member continues to maintain and continue the operation of the partnership. On the other hand, the claim for dissolution of an association pursuant to Article 720 of the Civil Code is active activities to carry out its business for the extinguishment of the union