대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasons for the court's explanation concerning this case are as follows, and the part corresponding to each of the judgment of the court of first instance is dismissed, and the defendant's argument in the trial of the court of first instance is as stated in the reasons for the judgment of the court of first instance, except for adding the judgment under Paragraph 2 below to the 7th judgment of the court of first instance, and therefore, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act
Part 2. Each “Plaintiff” in the 4 and 5 column “S” inside the 4 and 5 column “S” shall be deemed to be “Defendant”; “Defendant” in the 10 column “Damage to the name of the witness D” in the 3 column “S” inside the 3 column “S” in the 5 column “defising the witness D’s testimony.”
2. Additional determination
A. The defendant asserts that the service contract of this case constitutes "loan of funds, method of interest, interest rate, and method of repayment" under Article 24 (3) 2 of the Act on the Maintenance of Urban Areas and Dwelling Conditions, and thus it is necessary to conclude a general meeting's resolution. However, the defendant concluded the service contract of this case with the plaintiff without the resolution of the general meeting and concluded the service contract of this case with the plaintiff, and thus, the plaintiff cannot claim the return of the loan in accordance
B. Article 24(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for the purport that “the borrowing of funds, etc. shall undergo a resolution by the general meeting of the association.” This means that the major matters related to the operation of the association should be resolved by the general meeting of the association after the establishment of the association. In this case, where the promotion committee prior to the establishment of the association performs the duties involving the bearing of expenses by the owners, such as the land, etc., as in this case, the committee obtains the consent of more than 2/3 of the owners of the land, etc. or the land, etc., consenting to the composition of the promotion committee, etc., under Article 14(4) of the Act and Article 23 of the Enforcement Decree