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(영문) 수원지방법원 2015.06.02 2014가합6988
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserts that the Plaintiff is obligated to pay to the Plaintiff the amount of KRW 132,630,000 for the goods that the Plaintiff had not received after the Plaintiff supplied active terms, etc. to D pursuant to Article 57(1) of the Commercial Act, since the Defendant owned and operated a large number of shares as E and its partners registered with Suwon-si business entity, the Plaintiff is obligated to pay to the Plaintiff the price for the goods that the Plaintiff had not received after the delivery of active terms, etc. to D (hereinafter “the price for the goods in this case”) and damages for delay.

In regard to this, the Defendant asserts that the amount claimed by the Plaintiff is difficult to believe in light of the original taxation data, the amount of outstanding amounts, related litigation, etc., and that, as the Defendant and E operate independently within and externally, the relationship between the Defendant and E is a special association separate from the partnership relationship under the Civil Act, or an anonymous partnership relationship under the Commercial Act, and thus, the Defendant does not have any obligation to pay the price of the instant goods.

2. 1) A related legal doctrine partnership becomes effective by stipulating that two or more persons shall make a joint investment to carry on a joint business by making a joint investment (Article 703 of the Civil Act, and an anonymous partnership becomes effective when one of the parties has agreed to make an investment in the business of the other party and distribute profits arising from such business.

On the other hand, internal partnership as a special partnership is a human-combined entity that has a joint business but does not act as an agent for an external juristic act. In the inside of the partnership, decision-making and distribution of profits and losses are made as shown in the Civil Act. However, an internal partnership means a partnership in the form of performing a juristic act under its name without the need of the general partner to act for other union

In the case of such internal partnership, external legal relations such as the internal partner is not liable to a third party, etc.

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