Whether there is a difference in the profit of repayment between the debt incurred before termination of the contract and the debt incurred thereafter where one of the partners has agreed to solely bear the debt before termination of the contract (negative)

As long as there is an agreement that one of the partners solely bears the obligation prior to the termination of the partnership agreement, there is no difference between the obligation incurred prior to the termination of the partnership agreement and the repayment interest between the obligation incurred thereafter.

Article 477 subparag. 3 of the Civil Act

[Judgment of the court below]

Defendant Kim Jae-jin et al., Counsel for the defendant-appellant

Seoul High Court Decision 91Na33201 delivered on March 20, 1992

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below determined that the defendant would run a video sales business in the name of the non-party co-defendant in the first instance trial from July 11, 1989 to Hyundai Commercial, and that the non-party supplied the video product from the plaintiff who was a video tape wholesaler to October 30 of the same year to the fact that there was no dispute over the non-party's obligation to pay goods to the plaintiff at that time. Based on macro evidence, the defendant terminated the above contract with the non-party on October 30, 1989 (it is recognized that the defendant withdrawn from the partnership) with the above non-party, and there was no error of law as to the non-party's obligation to pay the above non-party since the above non-party's obligation was discharged to the non-party before the expiration of the contract with the non-party's obligation to pay the above non-party since the non-party's obligation was discharged to the non-party's first of all after the above non-party's expiration of the contract with the non-party's obligation.

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

Justices Song Man-man (Presiding Justice)