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(영문) 서울고등법원 2020.09.18 2019나2029912
부당이득금반환 청구의 소
Text

The plaintiff's appeal and the claims added by this court are all dismissed.

The costs of appeal and the claims in this court.

Reasons

Basic Facts

The reasons for this part are as follows: ① using the signal communications device in two pages 13 with signal and communication equipment; ② adding the phrase “the instant joint supply and demand entity” after the joint supply and demand entity” in the first page 4, the phrase “the joint supply and demand entity” (hereinafter referred to as “instant joint supply and demand entity”) under the second column 2, and ③ 5 pages 1 and 2 are the same as the reasons for the judgment of the first instance except for the addition of the phrase “B No. 8” in the [based on recognition], and therefore, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

With respect to Defendant B’s claim for the payment of settlement amount, the Plaintiff filed a claim against the Defendants for the payment of settlement amount on the premise that the joint contractor of the instant case is a joint contractor in accordance with the joint performance method.

However, in the case of joint ventures by the joint performance method, it has the nature of the partnership under the civil law, so the internal claim for settlement of accounts against members is an essential co-litigation.

The ratio of supervision fees to the members of the instant joint contractors presented by the Plaintiff was changed.

Therefore, in order for the plaintiff to file a claim for the payment of the settlement amount against all the joint contractors of this case, the lawsuit of this case is unlawful since it was filed against the defendants only.

Judgment

First, it cannot be readily concluded that the Plaintiff filed a claim for the payment of settlement money on the premise that the Defendant, a part of the members of the instant joint supply and demand organization, was organized and operated as a joint supply and demand organization with the method of joint performance.

Since the form of a joint supply and demand organization may have a variety of methods different from the conditions, it is difficult to readily conclude that the joint supply and demand organization falls under a partnership under the Civil Act on the sole basis of the joint execution method.

Furthermore, even if examining the aforementioned evidence, evidence No. 16, and evidence No. 16.

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