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(영문) 서울고등법원 2018.04.06 2017나2041178
청산금 청구의 소
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. Basic facts

A. In early 2012, the Plaintiffs entered into a contract to operate a soup and bath business (hereinafter “the first club business contract”) with the trade name “G” on the first and second floors of the Seoul Gangdong-gu F Building underground (hereinafter “instant business”), and H entered into an additional membership on August 24, 2012, and thereafter, H transferred their respective shares to Defendant D, and H transferred their respective shares to Defendant C.

B. Accordingly, between the Defendants on November 12, 2012, the Plaintiffs entered into a contract under which each share and investment ratio are set at 29%, Defendant D 16%, and Defendant C55% to operate the instant business together (hereinafter “instant partnership agreement”), and accordingly, jointly operated the instant business from around that time.

C. The instant trade agreement continues to exist for a period of five years from the date of the contract, unless there are special circumstances, and is automatically extended for the same period unless there is an objection by the Plaintiffs and the Defendants at the expiration of the period (Article 3 of the said trade agreement). [The grounds for recognition] of absence of dispute, Gap's evidence 1 through 6, Eul's evidence 7 (including additional number; hereinafter the same shall apply) and the purport of the entire pleadings.

2. The parties' assertion

A. The Plaintiffs asserted that the fiduciary relationship with the Defendants, who are partners, was destroyed, and thus an inevitable cause under Article 716(2) of the Civil Act occurred, and thus, expressed their intent to withdraw from the partnership agreement through the service of a duplicate of the complaint of this case. Accordingly, the Plaintiffs withdrawn from the partnership of this case on March 19, 2015, which is the delivery date of a duplicate of the complaint of this case.

Accordingly, the Plaintiffs seek payment of KRW 100,000,100 against the Defendants as part of the settlement amount due to the withdrawal of the partnership.

B. The Defendants’ assertion 1 pursuant to the transfer agreement between the Plaintiff A and I as of May 4, 2012 and the transfer agreement between Defendant C and I as of October 13, 2015, the Plaintiffs’ instant association.

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