(영문) 청주지방법원 2018.06.27 2017나13701

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(영문) 청주지방법원 2018.06.27 2017나13701

지분환급

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1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.

Reasons

1. Basic facts

A. The plaintiff and the defendant are siblings.

B. After completing business registration with the trade name "C" on March 1, 2002, the Defendant engaged in the ice and other freezing food wholesale business (hereinafter "the instant business") around that time.

C. From May 2007, the Plaintiff engaged in the instant business with the Defendant.

On February 22, 2008, the Plaintiff and the Defendant drafted a memorandum of agreement to the effect that “C signed a memorandum of understanding as 50:50” (hereinafter “instant letter of agreement”).

E. On October 20, 2016, the Plaintiff submitted to this court the instant complaint containing a declaration of intent that “a person who withdraws from a partnership with the Defendant” and the said complaint reached the Defendant on October 27, 2016.

【Ground of recognition】 The fact that there is no dispute or no clear dispute, Gap evidence 1, Eul evidence 2, the purport of the whole pleadings and arguments

2. Determination

A. If one member withdraws from a partnership in two relevant legal principles, the partnership relation is terminated, but unless there are special circumstances, the partnership relation is not dissolved, and the existing joint business may continue to exist because the remaining property belongs to the partnership's sole ownership of the remaining member, without going through the liquidation procedure.

In a case where one member withdraws from a partnership, unless there are special circumstances, in the calculation due to withdrawal between the withdrawing person and the remaining person, the amount equivalent to the portion of the withdrawing person out of the partnership's property evaluated based on the "the status of the partnership's property at the time of withdrawal" pursuant to the provisions of Article 719 (1) and (2) of the Civil Act shall be returned in cash unless there are special circumstances. This calculation is based on the premise that the business is continued, so the value of the partnership's property shall be assessed according to the "business price, including the value of business rights," not just trading prices, but in the case of the liquidation of partnership, the ratio

참조조문

-민법 제719조 제1항

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