logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2016.04.07 2015가단39245
매표대금
Text

1. The defendant is charged with KRW 43,603,752 on the Gyeongbuk Co., Ltd.'s Gyeongsung services and KRW 2,429,154 on the Jinan High speed of the plaintiff corporation.

Reasons

1. Basic facts

A. The Plaintiffs are companies engaged in passenger transport business, and the Defendant, B, and C (hereinafter “Defendant, etc.”) operated the instant stop (hereinafter “instant stop”).

B. The Plaintiffs entrusted the sale of bus tickets to the Defendant, etc., and the Defendant, etc. from June 2015

6. Until 30.30, the Plaintiff Gyeongbuk Co., Ltd. (hereinafter “Plaintiff Gyeongbuk Co., Ltd”) did not pay KRW 43,603,752 of the sales price settlement amount for the above period, and KRW 2,429,154 of the sales price settlement amount for the above period to the Plaintiff Haan High-speed Co., Ltd. (hereinafter “Plaintiff Haan High-speed”).

(hereinafter referred to as “the instant ticket purchase price settlement”). C.

On the other hand, the defendant withdrawn from the partnership relationship with B and C on June 30, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 to 13, purport of whole pleadings

2. The defendant's judgment on the defense prior to the merits of this case was operated by the defendant based on the partnership agreement with B and C, and thus, in order to hold the joint liability with partnership property, the lawsuit of this case in which the defendant was the party is the party shall be deemed unlawful, although all of the above partners should be the co-defendant.

Creditors of a cooperative may demand reimbursement from the property of the cooperative, and at the same time they may demand from each partner for payment from the personal property of the cooperative.

(1) Article 712 of the Civil Act provides that “A creditor of a union shall not be held jointly liable with a partner’s property, but may bring an action against each partner for performance of his/her obligations when he/she exercises his/her obligations on the basis of each partner’s personal responsibility (see, e.g., Supreme Court Decision 91Da30705, Nov. 22, 191).” The creditor of a union may first file a claim against each partner to the extent that he/she has received repayment from the partner’s property and has not received repayment.

(e).

arrow