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(영문) 대법원 2016.07.14 2015다233098
조합결의 무효 확인
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. According to the reasoning of the lower judgment regarding the assertion that the resolution of this case is null and void, the lower court rejected all the Plaintiff’s assertion that, on March 17, 2014, a resolution that the Defendants made C&D Co., Ltd. (hereinafter “Plaintiff”) to withdraw from the joint supply and demand company of this case (hereinafter “instant resolution”) to allow C&D Co., Ltd. (hereinafter “Plaintiff”) to withdraw from the joint supply and demand company of this case (hereinafter “instant resolution”) without distinguishing between the company before the commencement of rehabilitation procedures and the litigation parties.

In light of the relevant legal principles and the evidence admitted by the court below, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation

2. As to the assertion regarding the claim for construction cost prior to the instant resolution

A. A joint venture in the method of joint performance has the nature of a partnership under the Civil Act. The partnership’s obligation is a partner’s obligation, barring any special circumstance, and the creditor of the partnership can exercise his/her right at the ratio of shares to each partner or equally. However, if the partnership’s obligation is to be borne by an act which is a commercial activity for all the partners, it is reasonable to authorize the joint and several liability of the partners by applying Article 57(1) of the Commercial Act (see, e.g., Supreme Court Decision 92Da30405, Nov. 27, 1992). Therefore, if a member of a joint venture is a merchant, the withdrawing partner’s obligation to refund the withdrawing share to the withdrawing partner through the entire commercial activity of all

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