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(영문) 서울동부지방법원 2017.07.07 2015가합100707
청산금 청구의 소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Between early 2012 and E, the Plaintiffs entered into a contract to operate a soup and bath project (hereinafter “the instant contract”) with the trade name “G” on the first and second floors of the Seoul Gangdong-gu F Building underground (hereinafter “G”), and subsequently, after H entered into an additional membership on August 24, 2012, E transferred its respective shares to Defendant D, and H transferred its shares to Defendant C.

B. Accordingly, between the Defendants on November 12, 2012 and the Defendants, the Plaintiffs entered into a contract under which each share and investment ratio are set at 29%, Defendant D 16%, and Defendant C55% to operate the instant business together (hereinafter “instant partnership agreement”), and jointly operated the instant business from around that time.

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, each entry of Eul 7 evidence (including provisional number; hereinafter the same shall apply), the purport of whole pleadings

2. The judgment of this Court

A. 1) The Plaintiffs’ assertion 1) withdrawn from the instant association on March 19, 2015, and thus, the Defendants seek payment of KRW 100,000,100 as the settlement amount due to the withdrawal from the association against the Defendants. 2) The Defendants’ assertion either the agreement between the Plaintiff and the I on May 4, 2012 and the agreement between the Defendant C and I on October 13, 2015, and the agreement between the Plaintiff and the I on October 13, 2015, respectively, share in the instant association (hereinafter “association share”).

(B) Since the Plaintiffs already reverted to I or Defendant C, there is no right to seek payment of the settlement amount due to the withdrawal of the association against the Defendants, even if not, since the small property of the instant association exceeds the positive property at the time of the Plaintiffs’ withdrawal, there is no settlement amount to be paid to the Plaintiffs.

B. The plaintiffs lose their shares in partnership.

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