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(영문) 전주지방법원 2021.01.14 2019나9333
약정금
Text

The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

costs after the filing of an appeal.

Reasons

1. Summary of the plaintiff's assertion

A. On May 2014, the Plaintiff entered into a partnership agreement with the Defendant and the Defendant’s birth together with one-third of each of them to jointly operate a Do retail business, such as mobile phone Libera, and jointly operate “D” (hereinafter “instant company”).

After that, when the Plaintiff withdraws from a partnership on July 2016, the Defendant agreed to pay the Plaintiff KRW 66,143,750,750, and KRW 25,000, and KRW 223,308,468, and KRW 30,308,468 (= KRW 223,308,468,468), which would result in the Defendant’s establishment of a separate juristic person, to pay the Plaintiff KRW 223,30,308,468, which would amount to KRW 1/3 of the Plaintiff’s equity ratio of 1/3,468,00, as stated in the separate sheet (= KRW 223,303,468,30,000,000). Of these, the Defendant paid KRW 20,000,000,000.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 64,00,000 as claimed by the Plaintiff among KRW 64,436,156, and damages for delay.

B. On May 2014, the Plaintiff entered into a partnership agreement with the Defendant and the Defendant’s birth together with one-third of each of them to jointly operate a wholesale and retail business, such as mobile phone Libers, and operated the instant company jointly.

After that, the Plaintiff is obligated to pay to the Plaintiff money equivalent to 1/3 of the Plaintiff’s share in the partnership’s property as of July 2016, which was at the time of withdrawal from the partnership around July 2016.

At the time that the Plaintiff withdraws from the partnership, the Plaintiff, by filing an application for change of the cause of the claim on August 13, 2020, included the sum of deposit money, investment funds to six persons, including E, and the balance of passbooks, etc., on the property of the partnership, part of the detailed calculation statement on the ground that part of the amount stated in the attached Form was stated differently from the actual property of the partnership at the time of the Plaintiff’s withdrawal.

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