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(영문) 수원지방법원안양지원 2017.12.22 2015가합101134

정산금

Text

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

1. Basic facts

A. On January 2013, the Plaintiff entered into a partnership agreement with the Defendant to jointly import 100 million won each from C (hereinafter “C”) in China to jointly sell ice and other living items to D (hereinafter “D”) a company (hereinafter “instant business”).

(hereinafter referred to as the “instant trade agreement”). However, the instant project was to operate through the E business entity operated by the Defendant (hereinafter referred to as the “E”).

B. On March 15, 2013, the Plaintiff invested KRW 71,620,80, and KRW 28,379,200 around April 4, 2013.

C. E imported goods from C and delivered them to D, and the Defendant, who was in charge of the above duties, was detained on June 2013, and other problems arose.

On September 2, 2013, the Plaintiff sent to the Defendant a certificate of content that calls for “whether the Defendant has invested, the details of the Plaintiff’s use of the contributions, and the settlement of profits.”

On December 24, 2013, the Defendant was released on December 24, 2013, and agreed to terminate the partnership relationship with the Plaintiff on December 26, 2013 with respect to the instant business.

(hereinafter referred to as the “Agreement on Termination of the Partnership of this case”). 【No dispute exists, entry of Gap evidence 2 through 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Judgment as to the main claim

A. The Plaintiff asserted 1, the Plaintiff and the Defendant left the partnership.

After the plaintiff withdraws, the partnership relationship has been terminated, but the property belonging to partnership partnership and the existing joint business belong to the remaining defendant without going through the liquidation procedure.

Therefore, the defendant should return to the plaintiff an amount equivalent to 50% of the plaintiff's share in terms of the partnership property at the time of withdrawal.

At the time of withdrawal of the Plaintiff, the active property of the instant association is supplied to F.