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(영문) 서울중앙지방법원 2014.04.23 2013가합43180
보증금
Text

1. The Defendant shall pay to the Plaintiff KRW 200,110,179 and the interest rate of KRW 20% per annum from June 18, 2013 to the day of full payment.

Reasons

1. Judgment on the main defense of this case

A. The Defendant’s assertion is a member of a joint supply and demand organization that receives three tools of construction from the Korea Water Resources Corporation (hereinafter “the Plaintiff’s joint supply and demand organization”) together with the two construction companies, joint supply and demand company, joint supply and demand company (hereinafter “joint supply and demand company”), joint supply and demand company (hereinafter “the Plaintiff’s joint supply and demand company”), and the said joint supply and demand company constitutes a partnership under the Civil Act, and the lawsuit of this case filed by the Plaintiff alone is unlawful.

B. The judgment joint supply and demand company basically has the nature of a partnership under the Civil Act. If one member of the joint supply and demand company was in the position of a manager as the representative of the joint supply and demand company, its members were in the position of a partnership under the Civil Act with the manager of the partnership (see, e.g., Supreme Court Decision 9Da49620, Dec. 12, 2000). The managing member granted the authority to execute the affairs of the partnership shall be allowed to perform the lawsuit in his own name after receiving a voluntary trust from the union members with respect to the union property (see, e.g., Supreme Court Decision 95Da35302, Nov. 28, 1997). In light of the above legal principles, the plaintiff and the non-party company constituted the joint supply and demand company under the Civil Act and it can be recognized that the plaintiff and the non-party company were in the position of a manager of the joint supply and demand company under the Civil Act. However, in full view of the purport of the plaintiff joint supply and demand company as a whole.

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