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(영문) 서울서부지방법원 2017.04.11 2016나3397
계금반환
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The reasons for this court's acceptance of the judgment of the court of first instance are as follows with respect to the assertion that the defendant emphasizes or adds to this court.

2. The reasoning for the first instance judgment, other than adding additional judgments, is the same as that for the first instance judgment, and such determination is cited in accordance with the main sentence of Article 420 of the

2. Additional determination

A. Since the Defendant’s assertion that the Plaintiff is responsible for the payment of the fraternity to the Plaintiff, the Plaintiff is jointly and severally liable for the unpaid fraternity by E and D, which the Plaintiff had taken up.

B. The judgment system has the nature of a partnership agreement, a loan for consumption, or a life-free contract, with different legal nature, depending on the purpose and method of organization, method of paying the benefits, method of paying the benefits, method of paying the benefits, and method of paying the benefits thereafter, relationship between the fraternity and the fraternity or the fraternity or between the fraternity and the fraternity or between the fraternity and the fraternity or between them, and other issues (see, e.g., Supreme Court Decisions 81Meu1257, Jun. 22, 1982; 97Da57191, Mar. 13, 198). Thus, the judgment system has different legal nature from that of the fraternity, and it has different legal nature from that of the fraternity or a life-free contract (see, e.g., Supreme Court Decisions 81Da1257, Jun. 22, 198; 97Da57191, Mar. 13, 198). It has to be judged individually as follows.

In all cases, the defendant's assertion that such practice shall apply is without merit.

Furthermore, there was an agreement that only the statement of the witness C and the statement of the witness B B 4 through 6 in the first instance trial should be held jointly and severally liable with respect to the obligation to pay the fraternity to the members of the 26th and each of the 10th and each of the 10th and each of the 10th members of the instant case.

E, D.

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