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(영문) 대전지방법원 2015.02.12 2014나10210
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

The court's explanation of this case is identical to the statement of Paragraph (a) of Paragraph (1) of Article 420 of the Civil Procedure Act, and thus, it cited it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, and subsequently stated by the following methods.

【Supplementary Enemy】

B. The plaintiff asserts that the defendant, who is a general partner of the company of this case, is jointly and severally liable to pay the above KRW 55,000 to the plaintiff.

On the other hand, a limited partnership company's general partner is jointly and severally liable with the company only when it is impossible to fully repay the company's obligations with its assets or compulsory execution against the company's assets is not effective (Articles 269 and 212 (1) and (2) of the Commercial Act). Here, "when it is impossible to fully repay the company's obligations with the company's assets" means the total debts exceed its total assets (see, e.g., Supreme Court Decision 2010Da27847, Apr. 12, 2012). "when compulsory execution against the company's assets is not effective" refers to cases where the company's creditors conducted compulsory execution against the company's assets but fail to obtain satisfaction of their claims (see, e.g., Supreme Court Decision 2010Da9453, Mar. 24, 2011); and there is no evidence to acknowledge compulsory execution against the company's assets or lack of sufficient evidence to acknowledge compulsory execution against each of the above companies' assets.

2. If so, the plaintiff's claim is dismissed due to the lack of reason, and the judgment of the court of first instance is unfair with different conclusions, and thus, the plaintiff's claim is revoked.

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