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(영문) 의정부지방법원 2020.07.23 2019나208473
사취금 반환
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff's primary claim is dismissed.

B. The defendant

Reasons

1. The reasoning for the court's explanation on this part of "the facts of recognition" and "the plaintiff's claim" is the same as the corresponding part of the judgment of the court of first instance.

3. Determination

A. The court's explanation concerning this part of the main claim is the same as the corresponding part of the reasoning of the judgment of the first instance, and thus, citing this.

B. 1) Regarding preliminary claim, i.e., a partnership relationship with two relevant legal principles, i., a partnership relationship where one of them withdraws from the partnership relationship is terminated without dissolution, and the partnership property belonging to the partnership's partnership shall belong to the sole ownership of the remaining union members and shall be calculated upon withdrawal between the withdrawing party and the remaining party (see, e.g., Supreme Court Decisions 95Da2251, 22528, Oct. 14, 1997; 95Da22511, 22528, Oct. 14, 1997). In a case where one of the partners has invested an investment under the agreement and the partnership relationship was in an incombustibility between the parties and the other partners who performed the said investment obligation was immediately removed entirely from the partnership relationship, and the Plaintiff and the partner who performed the investment obligation shall be entitled to seek the return of the amount of such investment by calculating the period of voluntary withdrawal from the partnership agreement (see, e.g., Supreme Court Decisions 2005Da368294, Feb. 2968.).

However, Article 716(2) of the Civil Act provides, “A partner may withdraw from the partnership if any inevitable reason exists even if the duration of the partnership is determined.” Thus, whether it constitutes such an inevitable reason or not.

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