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(영문) 대구지방법원 2016.12.22 2016나303923
동업계약해지로 인한 정산금지급청구
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons why the court of first instance should explain this part of the case are as follows. The "the result of the plaintiff and defendant principal examination" of the first instance court Nos. 4 and 5 of the first instance judgment is dismissed as "the result of the plaintiff and defendant principal examination" of the first instance court, and the part concerning "the plaintiff and defendant principal examination" of the fourth to 8 and 5 of the fourth to 6 of the first instance court's "the result of the first instance court's principal examination" is the same as the corresponding part of the judgment's reasoning, except where the part concerning "the plaintiff and defendant principal examination" of the fourth

[Completioned Parts]

B. 1) The Defendant asserts that the Plaintiff’s claim for the settlement of accounts is subject to the short-term extinctive prescription of five years pursuant to Article 64 of the Commercial Act. 2) Since the Plaintiff’s claim for the settlement of accounts against the Defendant arose under a partnership agreement between the Plaintiff, a merchant, and the Defendant, the five-year commercial extinctive prescription shall

Furthermore, as to the starting point of the period of extinctive prescription of the Plaintiff’s claim for settlement of accounts, the Plaintiff and the Defendant sold to the Plaintiff and the Defendant in the year 2008, and the final payment of the price was made from February 9, 2009 to February 2008, and thus, it is possible to settle the agreement between the Plaintiff and the Defendant in the same business year 2008. Accordingly, the extinctive prescription of the Plaintiff’s claim for settlement of accounts would run from the above date and time to May 3, 2010. The Plaintiff’s claim for settlement of accounts was completed due to the nature of the agreement between the Plaintiff and the Defendant after the final sale of the number of the sales price purchased by the Plaintiff and the Defendant, and the period of extinctive prescription should also be calculated from that time. The period of extinctive prescription does not run, or at least from May 3, 2010, the Plaintiff received part of the sales price for the extended period from the Defendant.

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