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(영문) 대법원 2019.08.14 2017다201361
잔여채무분담청구
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

The court below rejected the preliminary claim on the ground that Articles 63 and 10 of the articles of association cannot be deemed as a provision that imposes the remaining obligations of the association upon the cancellation of the authorization for establishment of the association, and as long as the authorization for establishment of the Plaintiff association is revoked, the primary claim cannot be imposed and collected on the grounds that the maintenance project costs cannot be imposed and collected by the Plaintiff association pursuant to Article 34 of the articles of association.

In light of the relevant legal principles and the evidence duly admitted, while the reasoning of the lower court partially inappropriate, the lower court’s conclusion that did not accept the Plaintiff’s claim in its entirety is acceptable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the partner’s liability and interpretation of

Therefore, all appeals are 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 on the bench.

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