[Small and Medium Enterprise Legal Advisory Success Case] SME Legal Advisory, Litigation Proceeds Over Unfair Income Distribution After Company Establishment

2024.11.20김국일

The client, who requested small and medium enterprise legal advisory, established a small and medium enterprise through a joint investment with a friend, and after a problem arose, requested legal advisory from Daeryun in order to recover the funds.

1. The Client Who Visited Daeryun for SME Legal Advisory

This client, who came to Daeryun for small and medium enterprise legal advisory, requested legal advisory after a problem arose with a friend who had been a business partner in a small and medium enterprise, in connection with the distribution of profits.

The reason small and medium enterprise legal advisory was urgently needed was that the friend was not giving the client the profits that had been promised.

As a result, the client reportedly came to suffer financial hardship. Once the client experienced economic difficulty, the client wished to recover the capital contribution paid when establishing the small and medium enterprise.

For this, professional legal advisory was needed, and the client entrusted small and medium enterprise legal advisory together with a lawsuit for the return of the capital contribution to us at Daeryun LLC.

Conducting SME Legal Advisory for the Capital Contribution Return Lawsuit and More

The small and medium enterprise legal advisory client first determined that an accurate diagnosis of the company's situation was needed.

The client therefore requested small and medium enterprise legal advisory from the Daeryun Corporate Legal Group and received a brief diagnosis of the company's business and related matters.

Recognizing through this that the company's future was uncertain, the client wished to protect the capital contribution as much as possible.

According to what had been agreed when the client originally promised a partnership with the friend, half of the profits were to be paid to the client.

When the company's circumstances did not improve, however, the friend broke the promise, and the client, who eventually came to suffer financial hardship, had no choice but to turn to Daeryun.

2. The Client Who Wished to Recover the Investment Through SME Legal Advisory

The most important reason the client wished to recover the investment was the economic difficulty the client had come to suffer.

If there had been hope of the company's growth after the small and medium enterprise legal advisory, the client would not have wished to pursue a lawsuit for the return of the capital contribution.

However, because the company's future was not only uncertain but the friend who had been the business partner also kept changing the story and would not pay the money, the client had no choice but to consider a lawsuit.

To respond to the corporate legal dispute, the client entrusted small and medium enterprise legal advisory and a lawsuit for the return of the capital contribution to us at the Daeryun Corporate Legal Group.

The Statutes Related to the Capital Contribution Return Lawsuit, Examined Through SME Legal Advisory

Through small and medium enterprise legal advisory, let us examine the statutes related to a partnership agreement.

Civil Act Article 703 (Meaning of Partnership) (1) A partnership takes effect when two or more persons agree to make mutual contributions and to carry on a joint undertaking.

(2) The contributions under the preceding paragraph may be made in money, other property, or labor.

Civil Act Article 704 (Joint Ownership of Partnership Property) The contributions of the partners and other partnership property shall be held in joint ownership by the partners.

Civil Act Article 705 (Liability for Delay in a Money Contribution) Where a partner who has made money the object of a contribution delays the time of contribution, the partner shall, in addition to paying default interest, compensate for the damages.

Civil Act Article 710 (Partners' Right to Inspect the Business and Financial Condition) Each partner may at any time inspect the business and financial condition of the partnership.

Civil Act Article 711 (Ratio of Distribution of Profits and Losses) (1) Where the parties have not determined the ratio of distribution of profits and losses, it shall be determined in proportion to the value of each partner's contribution.

(2) Where a ratio of distribution has been determined for either profits or losses, that ratio shall be presumed to be common to both profits and losses.

Civil Act Article 712 (Exercise of Rights by a Creditor Against the Partners) Where a partnership creditor did not know, at the time the claim arose, the ratio of each partner's share of the losses, the creditor may exercise its rights against each partner in equal shares.

Civil Act Article 713 (Debt of an Insolvent Partner and the Other Partners' Liability for Payment) Where there is a partner who is unable to pay among the partners, the portion that cannot be paid shall be the liability of the other partners to pay in equal shares.

Civil Act Article 714 (Effect of an Attachment on a Share) An attachment on a partner's share takes effect with respect to that partner's right to future distributions of profits and to the return of the share.

The SME Legal Advisory Assistance

Through close consultation with the client, the Daeryun Law Firm Corporate Legal Group formed a small and medium enterprise legal advisory specialist attorney team composed of multiple experts with extensive case experience.

The Daeryun small and medium enterprise legal advisory specialist attorney team requested that the court grant this lawsuit, arguing that the defendant was not distributing the agreed profits to the plaintiff and that this was conduct in violation of the law.

■ The defendant and the plaintiff each paid a certain amount of capital contribution when establishing the company

■ At the time of paying the capital contribution to establish the company, the plaintiff entered into a contract with the defendant

■ Under the terms of the contract, the defendant had an obligation to pay the plaintiff a portion of the company's profits

■ Because the defendant failed to perform the terms of the contract, this claim came to be brought

3. The Conclusion of the SME Legal Advisory, Court: 'The Defendant Must Return the Capital Contribution to the Plaintiff'

The court accepted the argument of the Daeryun Law Firm small and medium enterprise legal advisory specialist attorney and rendered a judgment that “the defendant shall pay the plaintiff an amount calculated at an annual rate of 12% on the capital contribution from the set date until the date of full payment.”

Daeryun Law Firm organizes a performance team composed of multiple legal experts to maximize expertise, and with the Daeryun litigation system built on its record of resolved cases, it has been guiding the cases entrusted to it to successful outcomes.

Where the partnership agreement itself is rescinded, full return of the capital contribution may be demanded. This is possible when the other party has failed to properly perform the contractual obligations in the course of carrying on the joint undertaking after the partnership agreement.

For this, the other party's wrongdoing must be objectively substantiated. It can be said that receiving professional assistance for accurate and prompt evidence collection and oral argument may be advantageous.

[중소기업법률자문 성공사례] 공동출자로 회사 설립했으나 불공정 소득분배로 소송 제기해 승소

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.