투자금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court's explanation concerning this case is as follows, and the reasoning of the court's explanation is as stated in the reasoning of the judgment of the court of first instance except for adding "judgment on the defendant's assertion" under Paragraph 2 below, and thus, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The "Witness" of three pages 12 and four pages 3 of the judgment of the first instance court shall be the "Witness of the first instance court", respectively.
On the 3th 7th 8th 7th h of the first instance court ruling, “The Plaintiff expressed his intent to withdraw from the partnership through the delivery of a copy of the complaint of this case, and thus, the Plaintiff shall seek dissolution of the partnership under the instant business agreement by delivery of a copy of the complaint of this case, and seek return of KRW 342,50,000,000, which was invested to the Defendant as a result of the settlement of the union’s withdrawal.”
From the three sides of the first instance judgment, the phrase “see, e.g., Supreme Court Decisions 2002Da72361, Apr. 8, 2003”; see, e.g., Supreme Court Decisions 98Da5458, Mar. 12, 1999; 2005Da6206, Apr. 26, 2007.”
2. The defendant's assertion argues that the defendant is not obligated to return only the amount equivalent to the shares of the withdrawing party calculated according to the ratio of internal distribution of profits and losses within the partnership's property, which is assessed based on the status of union property at the time of withdrawal where one of the two partnership withdrawss, and that the withdrawing party's entire
In this case, the defendant's obligation to return the full amount of the plaintiff's investment to the plaintiff is due to the following reasons: Supreme Court Decisions 98Da5458 delivered on March 12, 1999; 2005Da6206 delivered on April 26, 2007; 2005Da62006 delivered on May 26, 2007.