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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
(b).
Reasons
1. Facts of recognition;
A. On February 2017, the Plaintiff entered into a partnership agreement with the Defendants (hereinafter “instant partnership agreement”) with the Defendants, who operated the instant store with the trade name of “E” on Gangnam-si D and 1st floor (hereinafter “E”). The Plaintiff entered into a partnership agreement with each of the instant stores to operate the instant store together (hereinafter “instant partnership agreement”).
B. According to the instant trade agreement, the Plaintiff invested KRW 30 million in total, which is KRW 30 million on February 7, 2017, and KRW 20 million on March 1, 2017, to Defendant C pursuant to the instant trade agreement.
C. On August 14, 2017, the Plaintiff sent to Defendant C a content-certified mail to the effect that “the instant club agreement is terminated, and thus, returned KRW 30 million of the paid-in capital” (hereinafter “content-certified mail”). Around that time, the Plaintiff sent the said content-certified mail to the Defendants.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (Evidence with Serial Nos. 1 and 2)
2. Determination on the cause of the claim
A. According to the facts of recognition as above, it is reasonable to view that the plaintiff and the defendants entered into the partnership agreement of this case for the purpose of running a joint business. Considering that the defendants related to the marital relations actually held shares corresponding to the ratio of the defendants' investment as a whole, it is reasonable to see that the partnership agreement of this case between the plaintiff and the defendants was 2.
In addition, the above partnership relationship between the Plaintiff and the Defendants is deemed to have terminated upon the arrival of the Defendants by the content-certified mail of August 14, 2017, stating the Plaintiff’s expression of intent to terminate the partnership agreement of this case.
(b)in the event that one member withdraws from an association consisting of 12 persons who calculate the shares due to withdrawal, the Civil Code shall not apply in the event that the withdrawal is made due to the withdrawal between the withdrawing and the remaining person unless there are special circumstances.