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(영문) 서울중앙지방법원 2016.10.05 2016나28179
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning this case is the same as that of the first instance judgment, except for the case being cited or added as set forth in paragraph (2). Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. On the fourth part of the judgment of the court of first instance, "the plaintiff" in the 23th part of the judgment of the court of first instance is regarded as "the administrator of Sungwon Construction."

B. On the 5th page 11 of the first instance judgment, “No. 1-3 of the evidence A” is charged as “No. 1-2 of the evidence A”, and “No. 2-1-3 of the evidence A” is added.

C. On the 6th to 18th of the first instance judgment, Article 60 of the instant sewerage construction contract was determined in accordance with Article 68 and attached Table 1 of the Enforcement Rule of the instant sewerage construction contract under the contract to which a local government is a party, and Article 29 of the General Conditions of the instant sewerage construction contract was determined in accordance with Article 68 and attached Table 1 of the Enforcement Rule of the Act on Contracts to which a local government is a Party.

The 7th to 10th of the first instance judgment shall be followed as follows.

In the partnership relationship, the partnership relationship is generally terminated by the occurrence of reasons prescribed by the partnership agreement, the agreement of all union members, the success or failure of the business which is the object of the partnership, the request for dissolution, etc.

In cases where partnership relations are terminated, unless there is a separate agreement between the parties, the remaining assets and their values to be distributed to the union members are finalized at the time of the completion of the liquidation procedures. Therefore, in principle, a claim for distribution of the remaining assets may not be made under the status of the liquidation procedures as a matter of principle, but where only the remaining assets remain, each union member shall be made within the scope of his/her own ratio of distribution of the remaining assets without undergoing the liquidation procedures.

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