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(영문) 의정부지방법원 2016.05.04 2015가단24119
기타(금전)
Text

1. The defendant shall be the plaintiff.

(a) deliver movable property listed in the separate sheet;

B. 20,000 won and its equivalent on January 1, 2015

Reasons

1. The fact that the Plaintiff’s judgment on the claim for extradition of movables is the owner of the movables listed in the separate sheet is no dispute between the parties.

Therefore, the defendant is obligated to deliver the above movables to the plaintiff.

Furthermore, while the Plaintiff is seeking two telephone numbers and two delivery terminals together, there is no evidence to prove that the above objects are owned by the Plaintiff, and in the case of telephone numbers, it cannot be viewed as movable property subject to a request for extradition, and therefore, this part of the claim is without merit.

2. Determination on the claim for monetary payment

A. The gist of the Plaintiff’s assertion is that the Plaintiff jointly operates Kindo on the basis of a partnership agreement with the Defendant, and contributed KRW 7,500,000 to the partnership company. Since the partnership agreement has been completed, the Defendant is obligated to return the said money to the Plaintiff.

B. Determination 1) In a partnership relationship, in general, a partnership relationship is terminated by the occurrence of a cause prescribed by the partnership agreement, agreement of all union members, success or failure of a business which is the object of the partnership, and a partnership relationship is terminated, unless there is a separate agreement between the parties, in principle, the remaining assets and the value of the remaining assets to be distributed to union members as a common example are finalized at the time of the completion of the liquidation procedure. Thus, in principle, a partnership cannot claim a distribution of the remaining assets under the circumstance of the completion of the liquidation procedure. However, in a case where only the remaining assets remain, each union member may immediately claim a distribution of the remaining assets to union members who own the remaining assets in excess of the ratio of their residual assets within the scope of their distribution (see, e.g., Supreme Court Decision 97Da31472, Dec. 8, 1998). In this case, the amount converted into money cannot be known, claims collection, debts, etc.

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