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(영문) 수원지방법원 2016.07.08 2015가합69771
출자금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 220,00,000 and the interest rate of KRW 15% per annum from October 3, 2015 to the date of full payment.

Reasons

1. The assertion and judgment

A. In a partnership relationship, that is, one of the two parties, where the investment under an agreement was made by the one of them, but the business of the partnership was not carried out at all thereafter, it can be deemed that the partnership relationship was actually carried out, a claim for dissolution may be made and the partner performing the investment obligation may seek the return of the amount of the investment he/she has invested, as a result of withdrawal

In full view of the facts without dispute and the purport of the argument in the statement in Gap and Eul (including additional numbers), the plaintiff entered into a partnership business agreement with the defendant to jointly operate the business after purchasing a warehouse and building a warehouse. Under the above agreement, the plaintiff invested funds necessary for the purchase of farmland and decided to complete the registration of ownership transfer in the name of the defendant. The plaintiff invested 220,000,000 won in the defendant on March 9, 1998 in accordance with the above business agreement, and made a promise to sell and purchase the land and six lots of land owned by the defendant and the defendant on March 10, 1998 in order to guarantee the performance of the defendant's obligation, and completed the registration of the right to claim ownership transfer on March 10, 198 after entering into a promise to sell and purchase the land and six lots of land owned by the defendant and the defendant on March 10, 1998. However, the plaintiff did not contact the plaintiff with the defendant on March 20, 2005 after the purchase of farmland in accordance with the above business agreement.

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