[약속어음][집10(2)민,076]
(a) Where it is deemed that a director of an repairing association has no right to represent the head of the association;
(b) Issuance of promissory notes by repair associations and approval from the Governor;
The loan agreement of a repair association without the approval of the Do Governor is null and void.
Article 39 of the Decree of the Shipbuilding Repair Association
Kim Jong-chul
Changwon Land Improvement Cooperatives
Seoul High Court Decision 61Do 666 decided June 30, 1961
The original judgment shall be reversed.
The case shall be remanded to Seoul High Court.
The grounds for appeal by the defendant's attorney are as shown in the attached Form.-
The court below reviewed the grounds of appeal on October 20, 1958, which is the director of the defendant association, accepted the plaintiff's claim on the premise that the act of using the name and seal of the president of the association on the two promissory notes with the signature and seal of the president of the association constitutes the so-called signature proxy. However, even after considering the evidence listed by the court below, it is impossible to find out the data that the non-party Kim Jong-mun had the right of representation of the president of the defendant association, and according to the witness Kim Jong-Un's testimony (1.2) and witness of the court below's first instance witness Kim Jong-Un's first instance court's first instance witness's first instance court's second instance witness's second instance witness's first instance court's signature and seal on the two promissory notes, which are the president of the defendant association, and the director Kim Jong-sung's signature and seal on the two promissory notes, which are not the head of the defendant association's establishment of the law, and therefore, the court below's decision did not err as to interpret the facts that it was legitimate since it did not contain the fact that it was justified.
It is so decided as per Disposition by the assent of all participating Justices on the bench, and the judgment of the court below is reversed, and it is so decided as per Disposition.
The two judges of the Supreme Court (Presiding Judge) Ma-won Na-won