잔여재산 분배 청구의 소
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The fact that the Plaintiff and the Defendant made an investment in 50,000,000 won after entering into a partnership agreement with the Plaintiff and the Defendant to jointly operate the company and established C Co., Ltd. (hereinafter “C”) on September 28, 2012, and engaged in the rash cutting and processing business, etc., is either not in dispute between the parties or may be acknowledged by comprehensively taking into account the overall purport of the pleadings as set forth in subparagraph 1.
2. Although the intent of the Plaintiff’s assertion was formally established, its substance is the partnership relationship between the Plaintiff and the Defendant as a partnership agreement.
On January 2015, the Plaintiff and the Defendant decided to terminate the partnership business agreement and dissolve the partnership.
After the dissolution of the partnership, the defendant holds all remaining assets of the partnership. The current remaining assets are KRW 10,00,000,000, the sum of the deposit amount of KRW 150,000,000, FL-3015, Razer in Han-ro Co., Ltd. (current market price of KRW 150,000,000,000) in the corporate bank account of C, and 178,80,80,000.
Although the distribution ratio of residual property is 1:1 in proportion to the investment amount, the defendant retains residual property in excess of his/her own distribution ratio.
The plaintiff shall first claim KRW 50,000,000 as part of the remaining assets to be returned to the plaintiff according to the distribution ratio.
3. Determination
A. Both parties to a partnership agreement with the purport that both parties jointly establish and operate a stock company by investing cash and in kind (land) and jointly manage the company in proportion to the share ratio of expenses incurred in the joint management of the company. Since both parties to the partnership jointly carry out a joint business under the name of the company and based on the legal principles of the company in external and internal relations, the liquidation of the agreement shall be carried out in accordance with the Commercial Act on the liquidation of the company. Therefore, as long as the company is established pursuant to such a partnership agreement and its substance is equipped with.