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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 reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the following addition, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. According to Section 11 of Section 6 of the first instance judgment of Section 15 of the part added to Section 3, "A 1, 2, 3, and 4", the plaintiff has the authority to conduct legal acts necessary for the progress of the instant construction on behalf of the joint supply and demand company pursuant to Article 3 (2) and (3) of the Agreement, as well as to conduct legal acts necessary for the progress of the instant construction on behalf of the joint supply and demand company pursuant to Article 3 (2) and (3), and it is a legal act incidental to the subcontract for construction with consent of all joint supply and demand companies, which is incidental to the pre-existing construction agreement, and thus, it is unnecessary for the defendants to agree otherwise, and even if there is no separate consent to the aforementioned payment guarantee against the defendants, the payment guarantee against the defendants is not effective.
Since a joint supply and demand organization basically has the nature of a partnership under the Civil Act, if one of the members of a joint supply and demand organization was in the position of a manager as a representative of a joint supply and demand organization, the relationship between the members of the joint supply and demand organization shall be deemed to be the relationship between the manager and
(see, e.g., Supreme Court Decision 9Da49620, Dec. 12, 2000). Meanwhile, according to Article 709 of the Civil Act, when a manager was or was appointed under a partnership agreement, the managing member thereof shall be limited to the extent necessary to achieve the purposes of the partnership.