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(영문) 서울고등법원(춘천) 2019.07.24 2018나1228
양수금
Text

1. All appeals by Defendant J Co., Ltd and D District Housing Association promotion committee against the plaintiffs are dismissed.

2...

Reasons

1. Under the premise that the Defendant’s promotion committee is an unincorporated association, Plaintiff B filed a claim for the return of KRW 100 million to Defendant J and the promotion committee and for the payment of KRW 98,00,000,000 for membership recruitment agency fees, and Defendant J, E, and F under the premise that the Defendant’s promotion committee is not an unincorporated association.

Plaintiff

A, around the same purpose, primarily requested Defendant J and Promotion Committee to pay the amount of KRW 80,00,000,000 to Defendant J, E, and F. The preliminary claim was filed against Defendant J, E, and F.

Since the plaintiffs' claims against the defendant promotion committee and the claims against the defendant E and F are incompatible with each other, this case constitutes a subjective preliminary co-litigation that requires the conclusion to be confirmed.

The first instance court accepted all the plaintiffs' claims against Defendant J and Promotion Committee, and dismissed all their claims against Defendant E and F.

As to this, Defendant J and Promotion Committee filed an appeal against the plaintiffs. In a subjective preliminary co-litigation, if either the primary co-litigants or any of the conjunctive co-litigants files an appeal, the appeal against the other co-litigants is also brought to the appellate court to determine the unity of the conclusion, and thus, it is subject to the judgment of the appellate court. As Defendant J and Promotion Committee filed an appeal as above, the part against the plaintiffs against Defendant E and F among the judgment of the first instance court becomes subject to the judgment of this court.

Therefore, this part is also judged together in this decision.

2. Facts of recognition;

A. On July 4, 2016, Plaintiff B entered into and performed the contract for the recruitment of union members (hereinafter “instant project”) with Defendant J, Promotion Committee, and the regional housing association apartment project (tentative name) (hereinafter “instant project”).

(2) In relation to the instant agency contract for the recruitment of association members (hereinafter “instant agency contract”).

AB concluded the agreement.

The main contents are as follows.

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