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(영문) 서울북부지방법원 2020.12.10 2020가합98
지분반환금
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. On September 3, 2018, the Plaintiff asserted that the Plaintiff purchased shares of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and agreed to jointly operate the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) by investing each of the amount of KRW 200,000,000 in Defendant C, D, and E, and KRW 18,00,000, and KRW 250,000,000, respectively. The Plaintiff invested KRW 200,000 from October 2018 to November 201, 2018.

However, if Defendant C did not recognize the Plaintiff’s share in the Defendant Company and the Defendant Company was not operated normally, the Plaintiff expressed his intent to withdraw from the Defendant Company’s joint operation on February 2019 and requested Defendant C, E, and D to return KRW 200,000,000 of the Plaintiff’s contribution.

Accordingly, Defendant C agreed to return KRW 200,000,000 invested to the Plaintiff after six to seven months, and agreed to pay KRW 800,000 every month as interest for arrears until then.

However, according to the fact that the above agreement has not been implemented even after October 30, 2019, the Plaintiff expressed his intent to withdraw from the joint operation of the Defendant Company. The Defendants are jointly and severally liable to pay to the Plaintiff KRW 20,000,000 with the return of the investment due to the reason of withdrawal and the delay damages therefor.

2. The Plaintiff’s lawsuit of this case, ex officio as to the legitimacy of the instant lawsuit, is purporting to seek payment of the settlement amount following the Plaintiff’s withdrawal on the premise that the relationship between the Plaintiff and Defendant C, D, and E exists and maintained with respect to the Defendant company pursuant to the joint operation agreement between

Where a partner withdraws from a cooperative, the cooperative shall continue to exist while maintaining its identity among the remaining partners, and the amount of money equivalent to the portion of the withdrawing partner out of the property of the cooperative at the time of withdrawal pursuant to Article 719(1) and (2) of the Civil Act, shall be returned in cash, and Supreme Court Decision 208Da41529 Decided September 25, 2008.

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