beta
Text
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is partly amended as follows, and the Defendants’ assertion added in the trial is identical to the ground of the judgment of the court of first instance, except as otherwise determined in paragraph (2). Thus, this is cited pursuant to the main sentence of Article 420
Nos. 1 and 3 of the first instance judgment (for the table, excluding the parallel) shall be raised with “Nos. 1, 3, 6, and 12” of the third 8 parallel (for the table, excluding the parallel).
The fourth 18th 18th th th th th th th 10th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th
2. Additional determination
A. Since a joint business agreement entered into between the Plaintiff and the Defendants constitutes a partnership business agreement and the Plaintiff’s failure to perform its duty of investment in the partnership business relationship, the remaining partners cannot be obliged to restore to their original status, and only can they seek liquidation as at the time of withdrawal.
B. Determination 1) The partnership agreement under the Civil Act is a contract under which two or more persons mutually invest to jointly operate a business, and the partnership agreement is limited to the agreement that jointly runs a specific business, and the degree of common achievement of purpose does not satisfy the requirements for establishment of a partnership (see, e.g., Supreme Court Decision 2010Da51369, Oct. 28, 2010). Moreover, a contract with the content that one party shall take over part of the shares of the company that he/she solely owns and jointly operate the company according to the share ratio of the burden of expenses and the share distribution of profits, may not be deemed a combination of share sales contract and a contract between the shareholders as a partnership agreement under the Civil Act.