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(영문) 대전고등법원 2015.07.16 2014나14724
구상금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following parts between the fourth and nine parts of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

"The plaintiffs' claims in this case were to stop extinctive prescription for the common interest of union members at the time when the extinctive prescription period of the plaintiffs' claims regarding union claims is imminent for the purpose of preventing the destruction of and damage to union-owned property and maintaining the phenomenon, and such interruption of extinctive prescription constitutes an act of preservation that can be exercised independently by union members.

However, the fact that the Civil Act allows each party to preserve a combination of objects is ordinarily because they have common interests and thus their preservation activities are beneficial to all other co-owners. Thus, in cases where there is a conflict of interests between union members and the conflict of interests (see Supreme Court Decision 2010Da93806, Feb. 9, 2012), it cannot be deemed that the lawsuit of this case, for which the plaintiffs seek reimbursement against the Defendants, a part of the union members, is a case where there is a conflict of interests between union members, and thus, it shall not be deemed that the act of preservation is an act of preservation.

Furthermore, in light of the developments leading up to the filing of the plaintiffs' claims, the lawsuit in this case is for the substantial satisfaction of the plaintiffs' claims based on the business relationship, and does not seem to be merely an act of suspending extinctive prescription, Article 706 (3) of the Civil Act also provides that "any member or each business manager of the union may transfer his/her ordinary affairs, notwithstanding the provisions of paragraph (1). However, if there is an objection against other members or other managers before the completion of the business, the lawsuit in

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