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(영문) 서울고등법원 2018.06.05 2017나2014275 (1)
기타(금전)
Text

1. Upon receipt of a claim for change in exchange at the trial, the defendant shall pay to the plaintiff KRW 46,934,343 and its related amount.

Reasons

Basic Facts

The court's explanation on this part is the same as the reasoning of Paragraph 1 of the judgment of the court of first instance, and therefore, it is citing this part by the main text of Article 420 of the Civil Procedure Act.

Plaintiff’s assertion

On April 24, 2015, the Plaintiff expressed the Defendant’s intent to terminate the instant partnership agreement, and the Defendant disposed of the instant restaurant and terminated the business around August 2015.

Accordingly, since the partnership between the plaintiff and the defendant (hereinafter "the partnership of this case") is dissolved, the defendant is liable to pay the plaintiff 72,798,712 won and damages for delay as follows with the distribution of residual property.

With respect to the remaining property referred to in paragraphs 1 through 3 above, parts corresponding to the plaintiff's investment ratio (50%) among them shall be sought to distribute the whole amount of the remaining property as residual property; the remaining property referred to in paragraph 4 shall be claimed to be distributed as the whole amount of the remaining property; the lease deposit (unit: unit): 50,000,000 25,000,000 25,000 2,500 32,500 32,500 32,500 12,397,4242,698,7124 plaintiff additional 12,60,60,600, 7200,6000 72,798,798,7124 shall be sought to be distributed as the whole of the remaining property; and where the association is dissolved or terminated under the association's agreement to withdraw from its partnership's remaining property as 96,296,296, etc.

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