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(영문) 수원지방법원안양지원 2015.06.25 2014가합105573
조합해산 청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

On June 201, the Plaintiff and the Defendants entered into a partnership agreement with the joint investment and joint operation of “E” on June 201. Since November 2012, the Defendants sought dissolution of the partnership by asserting that trust relationship is destroyed due to their breach of the partnership agreement, such as not paying settlement of accounts and dividends, etc. on the grounds of business depression, and thus, it is difficult for the Defendants to continue to operate the partnership.

On the other hand, the lawsuit seeking dissolution of the partnership is an action for formation of the nature of the claim. Article 720 of the Civil Act provides that "each partner may claim dissolution of the partnership if any inevitable reason exists," and does not provide that such a lawsuit may be brought to the court. Thus, the lawsuit of this case is unlawful, since there is no other legal ground that it may be brought to the court, since it does not provide that "any partner may claim dissolution of the partnership."

Therefore, we decide to dismiss the instant lawsuit, and decide as per Disposition.

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