대여금 등
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasons for this court’s acceptance of the judgment of the court of first instance are as follows, except for the addition of the following judgments as to the Defendants’ repeated arguments and new arguments in the trial, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on addition
A. The Defendants’ assertion 1) Article 25(1)3 of the Operational Rules of the Defendant Promotion Committee requires a resolution of the Promotion Committee on matters delegated by the Residents’ General Assembly. According to Article 25(2) of the same Act, the Promotion Committee may only pass a resolution on matters notified under Article 24(3). Article 24(3) provides that a notice stating the purpose, agenda, date, time, and place of the meeting shall be served on the Promotion Committee’s bulletin board and posted on the bulletin board by no later than 14 days before the meeting is held. However, there was no prior deliberation by the Promotion Committee on the conclusion of the instant service contract and the loan for consumption, and thus, the instant service contract and the loan for consumption contract are null and void. 2) The Chairperson of the Promotion Committee, who is the former representative director of the Plaintiff, and Defendant E, without presenting the service contract and the loan for consumption agreement in this case, shall jointly sign and seal the agreement, and the remaining Defendants E (hereinafter “Defendant E’s joint and several surety”).
Defendant promoters have no intent to jointly and severally guarantee the obligations under the instant service contract and the loan agreement, and thus there is no obligation to pay the instant service price and loan to the Plaintiff.