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(영문) 대법원 2016.06.10 2013다31632
손실분담금등
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The lower court rejected the Plaintiff’s assertion that the Defendant is jointly and severally liable for the share of new construction pursuant to Article 712 of the Civil Act and Article 57(1) of the Commercial Act, which is the partnership’s partnership’s obligations, as the partnership’s obligations jointly reverted to the union members, on the basis of the facts indicated in its reasoning that (1) the relationship between the Plaintiff, the Defendant, and the new construction company, the constituent members, should first comply with the terms of the agreement concluded by the Plaintiff, the Defendant, and the new construction company; (2) based on the agreement, based on the adopted evidence, including the letter of agreement, etc., of this case.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal principles on internal relations of a union, the scope of application of the provisions of a union, and the interpretation of a disposal document, contrary to what is alleged in

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

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