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(영문) 대법원 2015.01.29 2014다214687

입회금반환청구

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal No. 1, the judgment on the party’s assertion and other means of attack and defense may be indicated to the extent that the main text of the judgment is recognizable (Article 208 of the Civil Procedure Act). Therefore, even if no specific direct judgment on the party’s assertion is indicated in the written judgment, it cannot be deemed an omission of judgment if it can be known that the assertion was accepted or rejected in light of the overall purport of the reasoning of the judgment, and even if it was not actually determined, if it is obvious that the assertion would be rejected, it cannot be said that there was an omission of judgment,

(2) In light of the aforementioned legal principles, the court below erred by misapprehending the legal principles as to the right to request the return of membership fees on the ground that the Plaintiff’s return of membership fees can be claimed as the trustee in bankruptcy of the central installment savings bank, and the Defendant’s assertion that the central installment savings bank does not have the right to request the return of membership fees on the ground that the central installment savings bank does not have the right to request the return of membership fees, and that the central installment savings bank does not have the right to request the return of membership fees, on the ground that the court below rejected the Defendant’s assertion that the central installment savings bank did not have the right to request the return of membership fees, even if the central installment savings bank acquired membership fees after the registration of the decision to commence the sale of membership fees was issued, the central installment savings bank (hereinafter “central installment savings bank”) indirectly rejected the Defendant’s assertion that the central installment savings bank cannot oppose the Defendant even if it acquired them.