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(영문) 광주고등법원(전주) 2016.10.27 2016나10556
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the use of Article 2-b (No. 4, No. 5, and No. 15, of the judgment of the court of first instance) among the grounds for the judgment of the court of first instance as follows, and therefore, it is identical to the part concerning the grounds for the judgment of the court of first instance. Thus, this is acceptable in accordance with the main sentence of Article

B. 1) The relevant legal principles can terminate a partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's partnership's company's dissolution can be terminated by demanding dissolution in the case of civil law, and an inevitable cause, which is a cause of dissolution

(See Supreme Court Decision 95Da4957 delivered on May 30, 1997). Where a partnership is dissolved, there is no remaining business of the partnership to separately dispose of its residual property; Provided, That where only the distribution of residual property remains, each partner may immediately claim the distribution of residual property against any partner who owns residual property exceeding the distribution ratio within the scope of his/her residual property distribution ratio, without requiring separate liquidation procedures.

However, if the collection of claims or the repayment of obligations that have been reverted to a union is not completed, it shall be deemed that the collection of claims or the repayment of obligations, in principle, constitutes a remaining business to be handled by the union, unless special circumstances exist to the effect that it is possible to distribute the remaining assets fairly among the union members even though all union members have not completed the collection or the repayment. Therefore, in such a case, it shall not be allowed to seek the distribution of the remaining assets without undergoing the liquidation procedure.

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