beta
Text
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged is that the Defendant is a limited partnership company B (a trade name after the change is referred to as “limited partnership company C”; hereinafter “B”) that is a aggregate collecting company.
From February 28, 2013, the Defendant: (a) leased one set of excavation machines owned by the victim limited partnership D (hereinafter “victim company”) (E; hereinafter “the instant extraction machines”); and (b) used for one’s aggregate extraction business; (c) around May 27, 2014, the Defendant transferred only the registered name of the instant extraction machines to B for the purpose of avoiding compulsory execution due to debt relations with the victim company; (d) changed the registration number of the instant extraction machines to F without the consent of the victim company; and (e) leased the instant extraction machines to G for use on April 28, 2015; and (e) transferred the registration number to F; and (e) leased the instant extraction machines to the Defendant on March 15, 2016.
2. Determination
(a) Where one member has expressed his/her intention to withdraw in the partnership relationship with two persons, the partnership relationship shall be terminated in terms of its nature, but, unless there are special circumstances, the partnership is not dissolved and therefore does not commence liquidation, and the partnership's property which belongs to the partnership's aggregate shall remain between the person who has withdrawn from the partnership and the person who has left the partnership because it belongs to the sole ownership of the remaining member who has not left the partnership, only the refund, etc. of investments following the withdrawal shall be made;
As such, in the partnership relationship of two persons, if one person terminates the partnership agreement and withdraws from the partnership agreement, he/she separately disposed of the partnership property.
In addition, it shall not constitute embezzlement, and if any, the remaining members shall dispose of the property of the partnership and receive the compensation therefor.