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(영문) 서울고등법원 2019.04.10 2018나2052151

채무부존재확인

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for this part of the basic facts are as stated in the corresponding part of the grounds of the judgment of the court of first instance [the part on the grounds of the judgment of the court of first instance] (However, Article 64 of the Act shall be corrected as "a correction under Article 60 of the Act pursuant to Article 60 of the Act"] and they shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Related Acts and subordinate statutes and mutual aid regulations;

(1) The cooperatives and the federation may engage in the mutual aid business after obtaining permission from the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree;

(2) Articles 61 (5), 63, 64 (excluding paragraph (1) 7) and 65 through 68 shall apply mutatis mutandis to contributions for mutual aid activities referred to in paragraph (1), operating committees, scope of mutual aid activities, mutual aid regulations, reports and inspections, improvement orders, sanctions against executives and employees of the Federation or associations who manage and operate mutual aid activities, maintenance of financial soundness, etc.

Article 64 (Mutual Aid Projects) (2) Where a mutual aid association intends to conduct a mutual aid project under paragraph (1) 1 through 4, it shall establish the mutual aid regulations and obtain authorization from the Minister of Land

The same shall also apply to any revision to the authorized matters.

(3) The mutual aid provisions referred to in paragraph (2) shall include matters necessary for the operation of mutual aid projects, such as the scope of mutual aid projects, details of mutual aid contracts, appropriation and accumulation of liability reserve and reserve for appropriating mutual aid funds and mutual aid funds.

(5) The Insurance Business Act (excluding Article 208) shall not apply to mutual aid projects referred to in paragraph (1) 1 through 4.

B. The defendant's mutual aid regulations [based on recognition: evidence Nos. 1, 4-1, and 2] Rules on the Management of Contribution (Evidence No. 1) / [3] Rules on Contract Practice / Article 1 (Purpose) of the same Act as the contents of the Guidelines on Contract Practice / This provision is with the FF Mutual Aid Association (hereinafter referred to as the "Mutual Aid Association").