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(영문) 수원지방법원 2016.06.30 2015가단144743
지분청산금 반환(명시적 일부청구)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Claim of this case

A. The plaintiff started a partnership with D to take charge of technical business in accordance with the defendant C's recommendation for the partnership business. Since June 16, 2004, the plaintiff, the defendants, and D agreed to operate a partnership business with the business of manufacturing semiconductor equipment and parts, etc., and formed a personal business entity "F, the representative of the defendant B," which is "F, the business of manufacturing semiconductor equipment and parts."

B. Under the first agreement on the same trade, the Plaintiff and the Defendants were 1/3 each, respectively, and thereafter D withdraw from the partnership trade relationship, and D’s shares were equally reverted to the Plaintiff and the Defendant B.

C. On July 1, 2008, the Plaintiff and the Defendants established F Co., Ltd. (hereinafter “instant Company”) and operated its business so far.

On August 31, 2015, the Plaintiff withdrawn from the partnership by withdrawing from the partnership.

조합탈퇴 지분은 조합 내부의 손익분배비율을 기준으로 하는 것이 원칙인데, 원고의 조합 내부 손익분배비율은 1/3이고, D의 지분의 1/2도 원고에게 귀속되는 것이다.

E. The holding assets of the instant company in the name of Defendant B are real estate acquired in the name of Defendant B, such as the real estate of the factory and head office of the instant company, and other assets, and financial assets in the name of the instant company, financial assets in the name of the instant company.

F. The Defendants are jointly and severally liable to pay to the Plaintiff liquidation money for partnership shares based on the Plaintiff’s withdrawal from partnership relations and their payment.

2. In a judgment, the association agreement under the Civil Act is a contract under which two or more persons mutually invest to jointly operate a business (see Article 703(1) of the Civil Act), and is limited to a partnership agreement which jointly runs a specific business, and the agreement can only be deemed as a partnership agreement. The degree of the achievement of the common purpose cannot satisfy the requirements for establishment of a partnership. In a case where two or more persons are specific cases, the determination of whether an agreement constitutes a partnership agreement

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