logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2015.01.14 2014나20241
배당금지급
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

1. The reasoning of the court's explanation concerning this case is the same as that of the judgment of the court of first instance, except for the following cases, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

(a) The judgment of the first instance court on whether or not “the judgment of whether or not” is “the judgment of whether or not” shall be written in the tenth part of the judgment of the first instance.

(b) The entire part of the judgment of the first instance (as referred to in sub-paragraph (b)(b)(c) and 9 of the judgment (as referred to in sub-paragraph (3) of this Article) shall be as follows:

(2) The key issue is whether to dissolve a cooperative under Article 720 of the Civil Act (A) provides for the reasons for dissolution and the procedure for dissolution of the pertinent Research Council in accordance with Article 6 and Article 18 of the instant Trade Agreement, and thus, in this case, the Defendants asserted that the pertinent Research Council cannot request dissolution under Article 720 of the Civil Act. Accordingly, the Defendants asserted that the pertinent Research Council’s dissolution was terminated by the Defendants’ request for dissolution since several times since September 2010.

Therefore, we examine whether the instant business agreement excludes the claim for dissolution under Article 720 of the Civil Act, and whether the instant research council’s dissolution claim by some Defendants is terminated.

(B) In a partnership relationship in the relevant legal principles, the partnership relationship is terminated by the occurrence of reasons prescribed by the partnership agreement in general, 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., and where one of the two persons withdraws from the partnership relationship, the partnership relationship also ends. There is an inevitable reason, such as where there is an objective circumstance that is deemed difficult to achieve the objectives of the partnership due to the aggravation of the status of the partnership property or the business depression due to changes in the situation of the economy, or where the trust relationship is destroyed due to the destruction of the trust relationship between the parties to the partnership.

arrow