대여금반환
The judgment of the first instance court is modified as follows. A.
The defendant shall pay 130,000 won to the plaintiff.
B. The plaintiff.
1. Facts of recognition;
A. The defendant is the defendant's status as the parties to a clan consisting of descendants of D who are the original members of C (hereinafter "defendant's clan"), and the plaintiff is the member of the above clan.
B. 1) The case, etc. of the provisional disposition suspending the performance of duties is alleged to be null and void since the resolution, etc. of the special general meeting of the clan on November 20, 2017, which decided to appoint F as the representative of the defendant clan around February 2018, which decided to appoint it as the representative of the defendant clan. The Daejeon District Court 2018Kahap5060 decided to suspend the performance of duties against F (hereinafter “the provisional disposition related to this case”).
B) The Daejeon District Court 2018Gahap100957 held that the Defendant clans et al. filed a lawsuit seeking confirmation of invalidity of the resolution of the clans (hereinafter “instant lawsuit”).
(2) On April 18, 2018, the court which reviewed the above provisional disposition application, decided that “F shall not perform the duties of the representative of the defendant clan until the Daejeon District Court Decision 2018Gahap10957 decided that F shall not perform the duties of the representative of the defendant clan.”
3) On the other hand, on May 2018, after the decision to suspend the performance of duties as above was rendered, G Attorneys-at-law was appointed as the acting representative of the defendant clan. 4) On November 28, 2018, the court rendered a ruling that “The above ruling became final and conclusive on November 19, 2018, on the following grounds: (a) the resolution that the defendant clan and the HH clan members decided at the extraordinary meeting of the defendant clan on November 20, 2017 (F under the rules of the defendant clan and HH clan members, who was appointed as the "members of the clan" shall have the right to represent the clan; and (b) each resolution that was adopted by each of the appointed members of the defendant clan and HH clan members, which was amended as of October 5, 2015, was null and void.”
C. The loan agreement between the plaintiff and the defendant clan representative and the loan 1) the plaintiff argued as the representative of the defendant clan as follows (hereinafter the following loan agreement is referred to as "the representative of the defendant clan").