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(영문) 청주지방법원 영동지원 2018.04.13 2016가단4159
기타(금전)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The plaintiff's assertion that the plaintiff invested in the partnership with the defendant, but as a result, the partnership between the defendant and the defendant was displayed, the plaintiff demanded dissolution of the partnership relationship. Accordingly, the defendant is obligated to pay the settlement amount for withdrawal to the plaintiff.

B. Determination 1) A partnership agreement with the parties to a joint investment of funds to jointly establish and operate a stock company and to jointly manage the company according to the share ratio is premised on the joint business of the parties in the name of the joint investment of the company and in accordance with the legal principles on external relations and internal relations. Therefore, liquidation of the company shall also be conducted in accordance with the Commercial Act on the liquidation of the company. Thus, insofar as a company is established pursuant to such partnership agreement and its substance has been maintained, unless liquidation procedures are conducted in accordance with the Commercial Act on the liquidation of the company, either party may not receive the allocation of residual assets (see, e.g., Supreme Court Decisions 2001Da84381, Oct. 11, 2002; 2003Da2248, Mar. 26, 2004; 2003Do7773, Apr. 15, 2005; 2006Da77767, Feb. 26, 2006).

3. Examining the above facts in light of the above legal principles, the Plaintiff did not undergo the liquidation procedure under the Commercial Act on the liquidation of a corporation.

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