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(영문) 광주고등법원 (전주) 2017.03.30 2016나238
투자금 등 반환
Text

1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.

2 After the filing of an appeal.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) partly the reasons for the judgment of the court of first instance under paragraphs (1) through (3) are amended as follows; (b) the conclusion of Paragraph (4) is dismissed as the following “4. conclusion”; and (c) the following grounds for the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance, except for the addition of the “determination on the claim for the return of union property equivalent to the equity shares arising from the withdrawal from the union,” with respect to the claim for the return of union property equivalent to the equity shares:

2. Parts in height:

A. Of the part of the Plaintiff’s assertion of the first instance court No. 2, the second instance court’s judgment “175,000,000 won” shall read “120,000,000 won”.

B. Of the part of the Plaintiff’s assertion in paragraph (3) of the judgment of the first instance court, “175,00,000 won” among the part of the Plaintiff’s assertion in paragraph (3) shall be deemed “120,000,000 won” and the part of the judgment of the second instance shall be deleted.

3. Determination on the claim for refund of partnership property equivalent to shares

A. The plaintiff notified the defendant of his intention to withdraw from the partnership upon the delivery of a copy of the complaint of this case. At the time of withdrawal, the plaintiff notified the defendant of his intention to withdraw from the partnership of this case, and there are KRW 240,000,000 as the property of the partnership of this case, and the plaintiff and the defendant jointly invested one half at the time of the establishment of the partnership. Thus, the defendant is obligated to pay the plaintiff KRW 120,000 equivalent to one half.

(b) If one member withdraws from two cooperatives, the partnership relations shall not be terminated, but unless there are special circumstances, the partnership relations shall not be dissolved, and the existing joint business may continue to exist because the property which belongs to the partnership of the partnership members belongs to the sole ownership of the remaining member, without going through the liquidation procedures.

In such cases, the calculation due to withdrawal between the withdrawing person and the remaining person shall be based on the "the status of the partnership property at the time of withdrawal" pursuant to Article 719 (1) and (2) of the Civil Code, unless there are special circumstances.

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