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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2020.11.27 2020나51617
약정금
Text

All appeals filed by the Defendant-Counterclaim Plaintiff against the instant principal lawsuit and counterclaim are dismissed.

The costs of appeal are assessed against the principal office.

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to the court of first instance.

The grounds for the final judgment are as follows: (a) the first instance judgment is based on the reasoning of the first instance judgment, except for the first instance judgment’s first instance judgment’s first instance judgment’s first instance judgment’s first instance judgment’s first instance judgment’s first instance judgment’s fifth to the second instance judgment’s second instance.

2. On the other hand, a party to a partnership agreement which establishes and operates a company through a joint investment will not be able to receive residual assets or claim withdrawal from the partnership relationship and demand payment of settlement amount unless liquidation procedures are followed pursuant to the Commercial Act on the liquidation of a corporation (see, e.g., Supreme Court Decisions 2001Da84381, Oct. 11, 2002; 2003Da22448, Mar. 26, 2004; 2006Da37700, Sept. 28, 2006; 34,870,500, which the Plaintiff received from C, is considered to have received as compensation for transfer of shares held by C, and 50,000 won cannot be viewed as having been able to have received as compensation for transfer of shares held by the Plaintiff, and 5,000,000 won cannot be viewed as having any legal grounds for cancellation or settlement of profits between the Plaintiff and C, even if there are no legal grounds for cancellation of the above agreement.

Therefore, the defendant's counterclaim claim is added to the remainder.

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