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(영문) 의정부지방법원고양지원 2016.11.30 2015가단93507
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 2013, Plaintiff, Defendants, and D invested KRW 10,000,000 in each of the primary facts and established and operated a “E” as a business manufacturing and selling medical device expendable goods.

[Reasons for Recognition] The whole purport of the pleading

2. The Plaintiff asserted that the Plaintiff lent KRW 70,000,000 to E around January 2015.

The Defendants, on October 31, 2015, notified the Plaintiff and D of the business so as to be detached from the business, are jointly and severally obligated to return to the Plaintiff the initial investment amount of KRW 10 million and the loan amount of KRW 70 million.

3. In the partnership agreement, such as the partnership agreement, a request for dissolution of the partnership, a withdrawal from the partnership, or expulsion from other partners can only be made, as in the general contract, and the other party shall not be obliged to pay the obligation of recovery resulting from the cancellation of the partnership agreement.

The withdrawal of a cooperative pursuant to Article 716 of the Civil Act refers to the withdrawal of a cooperative from the position of a certain partner in the future. In this case, the cooperative itself maintains the identity of the other member. Accordingly, the withdrawal is premised on the continuation and existence of the remaining member's business. On the other hand, the claim for dissolution of a cooperative pursuant to Article 720 of the Civil Act refers to the suspension of active activities to carry out its business for the extinguishment of the cooperative and entry into the stage of adjusting

(2) In the event that a partner withdraws from a cooperative, barring any special circumstance, the amount equivalent to the withdrawing partner’s share out of the partnership’s property appraised based on the “the status of union property at the time of withdrawal” pursuant to Article 719(1) and (2) of the Civil Act shall be returned in cash, barring any special circumstance, and the partner’s share ratio shall be calculated based on the “ratio of sharing of profit and loss inside the cooperative,” but the parties to the transaction shall make a profit and loss distribution.

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