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(영문) 부산지방법원 2017.09.15 2017나1179

정산금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. Busan District Court's 2017 Chicago32.

Reasons

1. Basic facts

A. The defendant is a corporation established on January 13, 1998 for the purpose of running automobile maintenance business, etc.

B. The Plaintiff, D, N,O, and P made an investment in the Defendant by setting their respective shares in around 2006, and made an investment in the Defendant, and each shareholder’s surplus and bad debt are allocated according to the shares ratio at the time of annual settlement of accounts (hereinafter “instant contract”).

C. The above investors, including the Plaintiff, set the amount to be invested in each of the instant contracts and their respective shares. The Plaintiff’s investment amount is KRW 30 million and its shares ratio are 30%.

(Plaintiffs invested 30 million won in the form of loans, in addition to the above investments. (D)

On July 2013, the Plaintiff requested the settlement of shares to the Defendant on the ground of withdrawal from the partnership relationship. On November 2014, E, which was the representative director of the Defendant, was transferred the Plaintiff’s shares to the respective equity holders of the Defendant, distributed them to the respective equity holders of the Defendant, and prepared a written confirmation to the effect that the settlement of shares is to be consulted with the Plaintiff and the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. A partnership agreement with the parties to the relevant legal doctrine purporting to jointly establish and operate a stock company by jointly investing funds, and jointly manage the company according to the share ratio, on the premise that joint business between the parties is conducted in the name of the joint business of the corporation, and based on the legal principles of external and internal relations, and thus, liquidation shall also be conducted in accordance with the Commercial Act on the liquidation of a stock company.

Therefore, as long as a company has been established under such a business agreement and its substance has been equipped, one party shall not implement liquidation procedures under the Commercial Act on the liquidation of a corporation.

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