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.

Basic Facts

The Plaintiff, Defendant B, and C entered into a partnership agreement (hereinafter “instant partnership agreement”) with the establishment of a corporation to operate a joint business, and the Plaintiff paid KRW 10 million to the Defendant on March 24, 2016.

Since then, D Co., Ltd. (hereinafter “instant company”) was established on March 31, 2016, and on April 30, 2016, the Defendant was registered as the representative director of the said company, and the Plaintiff as an internal director, respectively.

Around August 2016, the Plaintiff worked as an intra-company director at the instant company, and was paid wages, requested the Defendant to return retirement and contribution, and the Defendant notified the Plaintiff of his retirement on August 10, 2016.

[Reasons for Recognition] The plaintiff's assertion of the grounds for claim as to Gap's evidence Nos. 1 and 4, and the grounds for claim as a whole, and the plaintiff and the defendant established an association to run the joint business. Upon the plaintiff's request for withdrawal from the association, the plaintiff withdrawn from the association.

Therefore, the defendant shall pay 8 million won to the plaintiff for the settlement of accounts following the withdrawal from the partnership.

(A) The Plaintiff filed a claim for restitution of unjust enrichment on the ground of revocation of the partnership agreement at the first instance court. As such, the parties to the judgment changed the cause of the claim. A partnership agreement with the purport that the parties to the judgment jointly invest funds and jointly establish and operate a stock company, and jointly manage the company in proportion to the share sharing of expenses incurred in the joint management of the company and the share distribution of profits, is premised on the joint business of the parties in the name of the joint business of the corporation, and is in accordance with the legal principles of the corporation in external and internal relations.

Therefore, as long as a company has been established under such a business agreement and its substance has been equipped, one party shall not implement liquidation procedures under the Commercial Act on the liquidation of a corporation.