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(영문) 서울고등법원 2014.04.16 2013나47486
원가분담금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The court's explanation on this part of the basic facts is identical to Paragraph 1 of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act

2. Determination as to the cause of claim

A. The plaintiff's assertion 1) The cost shares paid by the plaintiff, the representative of the joint supply and demand organization of this case, can be seen as being the same as the plaintiff lent to the joint supply and demand organization of this case, or at least necessary expenses to handle the affairs of the association, and the plaintiff, the representative partner, based on the delegation legal principles of the Civil Act which apply mutatis mutandis to the plaintiff's partner who executes the affairs of the association, may demand reimbursement of the expenses to the other members. (2) The plaintiff and the defendant, the remaining members of the association, have no means to pay the expenses at present, and the cost shares paid by the defendant in excess of the ratio of the share of the cost shares under the Civil Act (Article 711 of the Civil Act) in accordance with the provision on the ratio of sharing of profits and losses among the members of the joint supply and demand organization of this case (Article 711 of the Civil Act). The defendant's obligation to pay the unpaid cost shares to the plaintiff in excess of the ratio of the defendant's share of the cost shares to be paid by the defendant 2,878,378,379,36.

B. As to the claim for one loan claim against the Plaintiff, the Plaintiff first becomes a joint contractor of this case.

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