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(영문) 광주지방법원나주시법원 2016.05.24 2015가단48
청구이의
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of the lawsuit shall be the plaintiff (appointed party) and the remainder.

Reasons

1.The following facts do not conflict between the Parties:

Around 2010, the Defendant filed a claim for the payment of goods with the Gwangju District Court Decision 2010Da5592 (hereinafter referred to as “non-furnal Partnership”) with the non-furnal Environment-Friendly Partnership Corporation (hereinafter referred to as “non-furnal Partnership”) and rendered a favorable judgment in full that “The non-furnal Partnership shall pay to the Defendant the amount calculated at the rate of 20% per annum from November 19, 2010 to the date of full payment” and the above judgment became final and conclusive around that time.

B. In around 2015, the Defendant: (a) against the Plaintiff and the remaining designated parties, who are members of the non-furnal association, Gwangju District Court Decision 2015 Ghana2093, the Defendant was the obligation of the non-furnal association.

A performance suit relating to the obligation under Paragraph (1) was filed, and the above court rendered a decision of performance recommendation that "the plaintiff and the remaining designated parties pay to the defendant 6,267,166 won each and 20% interest per annum from November 19, 2010 to the date of full payment." The above decision was finalized because they did not object to the above decision within the specified period.

2. The plaintiff's assertion

(a) The obligations owed to the Defendant by the non-affiliated association must be borne by the Plaintiff and the rest of the designated parties, and by the other members’ respective equity shares;

B. The debt owed to the Defendant of the non-furnal cooperative was terminated by the short-term extinctive prescription of three years.

3. Determination

A. In the instant case, if a partnership obligation is to be borne by the Plaintiff and the remaining designated parties due to an act of commercial activity for all the union members, the joint and several liability should be determined by applying Article 57(1) of the Commercial Act to the union members with respect to the relevant obligation.

(Supreme Court Decision 91Da30705 delivered on November 22, 1991). According to the purport of the entire pleadings, the instant non-affiliated association’s liability against the Defendant is against the Defendant.

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