logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2008.10.22 2008가합2873
투자금 등 반환청구
Text

1. The defendant shall pay 230,000,000 won to the plaintiff and 20% per annum from September 26, 2008 to the day of complete payment.

Reasons

1. In full view of the facts of recognition Gap evidence No. 2 and Eul's testimony, the plaintiff made an investment of 230,000,000 won between the defendant and the defendant on October 22, 191, and established a company producing "E" products with which D has utility model rights by investing 230,000,000 won in each of the above company's shares, and then made an agreement to operate the above company jointly (hereinafter "the agreement of the same case") with 28% of the above company's shares, and thereafter made an investment of 230,00,000 won to the defendant at around that time. However, after receiving the above investment from the plaintiff, the defendant made and sold "E" and made profits from the defendant's testimony, it is impossible to distribute its profits to the plaintiff on September 22, 2008, because the plaintiff's application for dissolution and alteration of trust relationship between the defendant and the defendant on September 22, 2008.

2. A partner of the judgment union may file a claim for dissolution if there are unavoidable reasons (Article 720 of the Civil Act). Such inevitable reasons include cases where one of the partners has significantly difficult to achieve the objectives of the union due to changes in the situation of the economic community, aggravation of the status of the union's property, business depression, etc., including cases where the union member was in the process of performing his/her original duties after having performed his/her investment obligation and having been removed from the partnership's business relationship (see Supreme Court Decision 2005Da62006, Apr. 26, 2007). Accordingly, the defendant's payment of KRW 230,000 with the Plaintiff's investment amounting to KRW 230,000,000 as well as the delivery day of a copy of the application for re-issuance of lawsuit from September 26, 2008 to the day of complete payment.

arrow