사해행위취소 청구의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
1. The plaintiff citing the judgment of the court of first instance does not present an additional argument in the trial after filing an appeal. However, considering the evidence and the result of pleadings submitted in the court of first instance, the part concerning the claim for cancellation of the trust contract among the lawsuit in this case is dismissed, and the decision of the court of first instance dismissing the remainder of claims is
The reasoning of this court is as follows, except for the additional determination by supplementing the reasoning of the judgment of the court of first instance as stated in the main sentence of Article 420 of the Civil Procedure Act.
2. As to the lawsuit of this case concerning additional determination that the part of the claim for cancellation of the trust contract should be dismissed in an unlawful manner, the judgment of the first instance is justifiable, and there is no additional addition, and it is therefore invoked as it is.
The main issue of the instant case is whether the Plaintiff has the right to claim the other settlement of accounts in the instant case after having lawfully transferred the other settlement of accounts from B.
As a result of a comprehensive examination of the allegations and evidence by the parties concerned, since the Plaintiff-Successor B (hereinafter “B”) and G jointly contracted the instant construction from F, the relationship between the two parties constitutes a partnership under the Civil Act as a joint supply and demand company with the method of joint performance. The claim for the settlement of accounts in the instant case belongs to the partnership’s quasi-joint performance, and the disposition is deemed to be a conduct of business falling under the special affairs of the partnership. Therefore, the consent of a majority of the union members must be obtained. As such, the Plaintiff cannot be deemed to have obtained the consent or consent of G at the time of transferring the claim for settlement of accounts in the instant case to the Plaintiff, the judgment of the first instance is acceptable
It is more so true if the following circumstances are taken into account in light of the purport of the entire arguments adopted earlier.
B and G are awarded a contract for the instant construction work.