In the partnership relationship with two persons, if one of them withdraws, the partnership relationship shall terminate, but no partnership shall be dissolved unless there are special circumstances.

In the partnership relationship with two persons, the partnership relationship is terminated when one of them withdraws, but the partnership shall not be dissolved unless there are special circumstances. However, the partnership's property belonging to the partnership's joint ownership is merely the calculation of the withdrawal from the partnership between the person who withdraws from the partnership and the remaining person, as it belongs to the sole ownership of the remaining union members.

Article 719 of the Civil Act

December 28, 1961 4293 CivilSang202

Plaintiff (Attorney Go-won, Counsel for the plaintiff-appellant)

Defendant (Attorney Lee In-bok, Counsel for defendant-appellant)

Gwangju High Court Decision 71Na352 decided July 25, 1972

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

As to the ground of appeal No. 1 by the Plaintiff’s Attorney:

Based on the evidence stated in the original judgment, we cannot agree with the conclusion of the theory of the original judgment and can not readily conclude that there is an error in the process of its recognition. Accordingly, the argument is nothing more than anything else to criticize the whole matters of the original judgment on the determination of the evidence and the fact-finding. The argument is groundless.

As to ground of appeal No. 2

According to the explanation of the reasoning in the judgment of the court below, the plaintiff paid 405,000 won of his own investment from October 1, 1964 to November 21, 1965 with the payment from the defendant and confirmed the fact that he left the partnership from November 21, 1965, and there is no violation of law by not exercising the right to know about facts with the original judgment as it is not acceptable based on the evidence in which the original judgment was based on the facts established. Thus, the partnership relation shall be terminated if one of them withdraws from the partnership with two persons, such as theory, unless there are special circumstances, but the partnership relation shall not be dissolved, and therefore, it shall not be subject to liquidation. However, it is reasonable to interpret that a union property belonging to the partnership belonging to the partnership of union members belongs to the sole ownership of the remaining union members, and it is nothing more than the calculation due to the withdrawal between the withdrawing and the remaining person (see Supreme Court Decision 203Hun-Ga29, Dec. 28, 1961).

The issue is groundless.

Therefore, according to Articles 400, 395, and 384 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating judges.

The two judges of the Supreme Court (Presiding Judge) the Red Net Sheet