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(영문) 의정부지방법원 2015.09.11 2014가단43601
계약금반환 등
Text

1. The claim of this case is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 26, 2014, the Plaintiff entered into a partnership agreement between the Defendant and the Defendant to operate Thaima business, which was operated by the Defendant at the C5th floor of the Ku Government-si, as a partnership business, 51% of the Defendant’s shares, and 49% of the Plaintiff’s shares, and calculated the value of the above business as KRW 140 million and calculated the value of the above business as KRW 75 million, and decided to invest KRW 65 million in calculating the amount already invested by the Defendant as KRW 70 million. The Defendant agreed to guarantee the Plaintiff’s profit of KRW 3 million per month.

(hereinafter “instant association agreement”). B.

From March 2014 to June 2014, the Defendant paid the Plaintiff a profit of at least three million won, but it was impossible to pay a profit of at least three million won from July 2014.

In addition, the conflict of trust between the plaintiff and the defendant has deepened and the conflict of trust between the plaintiff and the defendant has been destroyed, and the above business has been closed.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 5, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Since the trust relationship between the plaintiff and the defendant as the cause of the claim is destroyed and thus it is impossible to expect smooth joint operation of the cooperative, the plaintiff claimed dissolution of the cooperative of this case by serving a copy of the complaint of this case, and therefore, the defendant is obligated to pay KRW 60 million to the plaintiff as the distribution of residual property from dissolution of the cooperative

B. (1) The inevitable cause, which is the cause of dissolution of an association under Article 720 of the Civil Act as to the dissolution of the association, includes cases where the trust relationship is destroyed due to the conflict between the union members due to the disinfluence and the failure to achieve the objectives of the association, as well as the change of circumstances in the economic community, the aggravation of the financial status of the association, or the deterioration of its business operation, etc., and as long as the continuation of the joint project becomes considerably difficult, the trust relationship is destroyed.

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