Guangzhou lawyer Zhang Jing answered: Yes. The part that a partner should have contributed but did not contribute is in principle a type of partnership creditor's right. When a partnership is liquidated, the partner who has not contributed capital may be required to make capital contributions before liquidation. or direct deduction is also available. This is how the case was handled below.
Excerpt from the verdict:
This court held that the "Shareholder Cooperation Agreement" signed by Zheng and Zhang was legal and valid Zhang claimed that the "Shareholder Cooperation Agreement" had been terminated on June 15, 2018, but the "Shareholder Cooperation Agreement" stipulated that the shareholder cooperation agreement was tentatively set for 5 years, and the two parties could transfer or withdraw through negotiation In the absence of evidence to prove that Zheng had breached the contract, Zhang's unilateral claim that the termination of the contract would not have the effect of rescission
Mr. Zhang delayed the performance of the main obligations of the contract and did not complete the investment, Mr. Zheng also confirmed that the company had been closed, and the purpose of the partnership of the current partners could not be realized objectively, and Mr. Zheng's request to terminate the "Shareholder Cooperation Agreement" was legally justified, and this court supported it, and the partnership between the two parties was terminated Article 972 of the Civil Code stipulates that the profit distribution and loss sharing of the partnership shall be handled in accordance with the provisions of the partnership contract; If there is no agreement in the partnership contract or the agreement is not clear, the partners shall decide through consultation; If the negotiation fails, the partners shall distribute and share according to the proportion of paid-in capital contributions; If the proportion of capital contribution cannot be determined, it shall be equally distributed and shared by the partners Article 978 stipulates that after the termination of the partnership contract, if there is any surplus of the partnership property after paying the expenses incurred due to the termination and paying off the partnership debts, it shall be distributed in accordance with the provisions of Article 972 of this Law According to the above provisions, when the partnership relationship is terminated, the partnership property shall be divided The divided partnership property includes the property invested during the partnership and the property accumulated during the partnership, as well as the claims and debts during the partnership In this case, Zhang should perform the obligation of capital contribution in accordance with the "Shareholder Cooperation Agreement", and his capital contribution belongs to the partnership property, and now the two parties have dissolved the partnership relationship, and Zhang's uncontributed part should be used as partnership property to pay off the partnership debt, and Zheng's request for Zhang to directly pay him the uncontributed part of the money and the corresponding interest lacks legal basis
After the two parties disbanded, Zheng, who was responsible for the operation, should submit the financial account books, expenditure vouchers, etc., and the two parties should liquidate the claims and debts during the partnership period. The defendant Zhang was ordered to pay the plaintiff Zheng 121942$8.