2. B

2. Defendant B shall pay to the Plaintiff 200,000,000 won with 30% interest per annum from February 8, 2014 to the day of full payment.

3. Of the costs of lawsuit, the part arising between the Plaintiff and Defendant A Housing Association Promotion Committee is assessed against the Plaintiff, and the part arising between Defendant B is assessed against the said Defendant

4. Paragraph 2 can be provisionally executed.

A. On October 2013, the Plaintiff entered into a monetary loan agreement with the Defendant A Housing Association Promotion Committee (hereinafter “Defendant A Housing Association Promotion Committee”) and the Cheongok-Jelel Lease Co., Ltd. (hereinafter “Non-Party Company”), whereby the Plaintiff agreed to lend KRW 200,000 to the Defendant Promotion Committee and the Non-Party Company in relation to the new construction project of A Housing Association, and the due date until February 7, 2014, and at the interest rate of 30% per annum (hereinafter “instant monetary loan agreement”).

B. On October 22, 2013, the Defendant Promotion Committee held an inaugural general meeting, appointed Defendant B as the representative, ratified the instant monetary loan agreement, and confirmed other matters necessary for the establishment of the Promotion Committee of Cooperatives (the purpose of facilitating the stability of housing for union members by prescribing necessary matters concerning the project of a regional housing association under the Housing Act, protecting the rights and interests of union members, and facilitating the promotion of the project), confirmed the name (A Housing Association Promotion Committee), the principal office (Seoul Eunpyeong-gu C and 2 floor), and prepared the rules of the Promotion Committee of Regional Comparison Association (the standard rules containing the above contents), and decided on the application for the registration number of real estate registration.

C. On October 25, 2013, the Plaintiff leased KRW 200,000,000 to the Korea Trust account under the instant monetary loan agreement to the Defendant Promotion Committee and the Nonparty Company, but was not repaid until the present.

[Reasons for Recognition]

Facts without dispute, Gap evidence 1-2, 2, 3-1 through 3, and the purport of the whole pleadings

2. Determination

A. Legal nature of the Defendant Promotion Committee

1) Whether a non-corporate body is a non-corporate body

Unless there is an exceptional association naturally formed without a specific organization act like a clan or a literature, a non-corporate body is required to be organized in order to establish a non-corporate body. Thus, even if a non-corporate body determines the external purpose, name, office, and representative, it shall not be deemed an unincorporated association unless it is proven that the entity is an organization that can recognize the substance of an association, its financial basis, the operation of a general meeting, the management of property, and other organizations (see Supreme Court Decision 9Da4504, Apr. 23, 199).

In this case, it is insufficient to recognize that the defendant's promotion committee has the elements of organization, financial foundation, operation of general meeting, management of property, and other organization that can recognize the substance as non-corporate group only with the statements in subparagraph 3-1 through 3 and other evidence submitted by the plaintiff. There is no other evidence to acknowledge it (the defendant's promotion committee has no substance as non-corporate group).

2) Whether a partnership is established under the Civil Act

The facts acknowledged above are as follows, i.e., ① Defendant B has been running a business in the city/Gu joint reporting conference in 2009 to build multi-family housing in Eunpyeong-gu Seoul Metropolitan D D, but the project is not supported, and the project is not supported, and the Defendant Promotion Council on October 22, 2012 to promptly promote the project by participating in a reliable company, such as a construction company, etc.

As seen earlier, the inaugural general meeting of the Council is held to elect a new chairperson; the purpose of the promotion committee’s establishment; the name and principal office of the promotion committee; the regional housing association’s promotion committee’s rules were prepared; and the application for registration of real estate registration number was decided; ② Defendant promotion committee entered into the instant monetary loan contract for the purpose of borrowing money for the purpose of promoting the business; (2) around October 2013, the non-party company entered into an agent contract with the non-party company (PM company) on behalf of the Minister of Land, Infrastructure and Transport; and (3) other services contracts with the Non-party company (PM company; (4) and entered into an advertising agency contract with the Plaintiff, E advertising agency contract, F model production contract, G and DP contract (the Defendant promotion committee held a general meeting of members on October 23, 2013 and obtained approval from all of the promotion committee on loan or service contract as above); and (4) it is reasonable to deem the Defendant’s comprehensive housing association as an independent member of the promotion committee of this case’s association as its members.

B. Whether a lawsuit against the Defendant promotion committee is lawful

The Plaintiff sought a refund against the Defendant’s Promotion Committee based on the instant monetary loan contract, but as seen earlier, the Defendant Promotion Committee constitutes an association under the Civil Act, and thus, the Plaintiff’s lawsuit against the Defendant Promotion Committee is unlawful as filing a lawsuit against a person who has no capacity to sue.

C. Claim against Defendant B

1) In the absence of special circumstances, a partnership creditor is entitled to exercise his/her rights in proportion to the share of each partner or equally with respect to the partnership’s obligations, but if the partnership’s obligations are to be borne by an act that constitutes a commercial activity for all the union members, it is reasonable to apply Article 57(1) of the Commercial Act to determine the joint and several liability of the union members (see Supreme Court Decision 2015Da23098, Jul. 14, 2016).

Therefore, Defendant B is obligated to pay KRW 200,000,000 according to the instant loan contract, which is a commercial activity as a member of the Defendant Promotion Committee, and to pay damages for delay at the rate of 30% per annum from February 8, 2014 to the day of full payment, following the due date.

2) Defendant B’s assertion and determination thereof

A) Defendant B’s actual employer of the funds under the instant monetary loan agreement is not the Defendant Jinjin Committee, but the Nonparty Company. Thus, Defendant B’s claim against Defendant B, a member of the Plaintiff, is unjustifiable. However, the above circumstance alone is difficult to deem that there is a justifiable reason to refuse the Plaintiff’s claim. Therefore, Defendant B’s above assertion is without merit.

B) Defendant B was not the representative of the Promotion Committee at the time of entering into the instant monetary loan contract, and thus, Defendant B did not represent the Promotion Committee at the time of entering into the instant monetary loan contract. However, even if Defendant B was not the representative of the Promotion Committee at the time of entering into the instant monetary loan contract, Defendant B bears the obligation of the Defendant Promotion Committee, which is an association under the Civil Act, as long as Defendant B is the member of the Promotion Committee.

3.In conclusion

If so, the plaintiff's lawsuit against the promotion committee of the defendant A Housing Association is unlawful and dismissed.

The claim against J. B shall be accepted on the basis of the reasons, and it is so decided as per Disposition.

2) However, the interest rate applicable to a loan was applied from the following day after the loan exceeds the repayment date (see Article 4 of the instant monetary loan agreement).