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(영문) 대전지방법원서산지원 2014.12.03 2013가단6409
물품대금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Fishing ground of collecting the Plaintiff’s assertion is owned by the individual members of fishing village fraternities who collected fishing village fraternities, and the Defendant participated in a liver conference after consulting the schedule of collecting brins, etc., and the period of collection, unit price, etc. was determined at the above braces.

Even if the fishery right acquired by a fishing village fraternity, which is not a juristic person, is owned by the fishing village fraternity, the fishery right owned by the fishing village fraternity is exercised by the members of the fishing village fraternity, and therefore, the fishery right collected by the members of the fishing village fraternity is owned by the relevant fishing village fraternity, and the fishing village fraternity is related to holding the right to manage and dispose of the fishery right.

Even in the case where the party to this case was the intervenor joining the defendant, it is similar to a kind of consignment that is conducted in the name of the fishing village fraternity in the name of the party to this case, and it is deemed that the member of the fishing village fraternity who participated in the collection of the loan can directly claim the

2. Determination

A. Ultimately, the first issue of this case is whether the party who entered into a mutual agreement with the defendant can be deemed as an individual individual, or whether the party who entered into a mutual agreement with the defendant can be deemed as the intervenor joining the defendant, which is the fishing village fraternity. In this regard, it should be determined by how to understand the party as a contracting party based on the detailed circumstances before and after the conclusion of the agreement, such as the nature, content, purpose

In light of the above legal principles, the following circumstances, which can be acknowledged by the health team, Gap evidence Nos. 1 through 9, Eul evidence No. 3, and the purport of the entire pleadings, are as follows: ① Plaintiff A entered into a contract with the defendant on behalf of the defendant joining the defendant as a leader; ② Plaintiff A demanded payment of the price of the price of the purchase of the purchase of the purchase of the goods to the defendant (Evidence No. 1), clearly stated that the defendant was sent as the representative of the defendant joining the defendant; ③ sales of the purchase of the purchase of the purchase of the fishing village fraternity are made by the head of the fishing village fraternity.

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