In the event of a strike, the method of settlement between the state of guidance and the members.

The legal relationship between a fraternity and a fraternity that arises after the strike shall be determined by comprehensively taking into account the contents of the agreement between a fraternity and a fraternity according to the nature of the fraternity, the operational form of the fraternity, and the relationship between the fraternity and the fraternity. If the fraternity members join the fraternity only by agreement with the fraternity regardless of the other fraternity members, and the fraternity members are fully responsible for the operation of the fraternity, and there is no contractual relationship between the fraternity members, such a fraternity shall be deemed to be a form in which one contract between one fraternity and the fraternity is integrated. For any reason, when the fraternity becomes unable to operate the fraternity, the settlement between the fraternity and the week shall be in accordance with the agreement between each fraternity and the State.

Article 703 of the Civil Act

Supreme Court Decision 82Meu1686 Decided March 22, 1983

Plaintiff’s Attorney Han-won, Counsel for the plaintiff

Defendant 1 and two others

Daejeon District Court Decision 86Na10 delivered on June 11, 1986

The judgment below is reversed, and the case is remanded to Daejeon District Court Panel Division.

As to the ground of appeal by the Plaintiff’s attorney:

According to the reasoning of the judgment below, the court below determined as follows: (a) the plaintiff organized the 26 successful bid amount of KRW 10,000 won in total; and (b) the defendant 1 joined the bid amount of KRW 3.28 million in total; and (c) the members of the above fraternity are obligated to pay KRW 4,00,000 in total on the next day of each month when the successful tender was made; (d) the above defendant 2 and the defendant 3 guaranteed the above defendant's obligation to pay KRW 9.6 million in total; (e) the defendant 1 paid KRW 5.2 million in total at face value on 13 occasions thereafter; and (e) the defendant 1 paid KRW 5.2 million in total with the defendant's joint payment obligation; and (e) the defendant 1 paid KRW 1.2 million in total on April 20, 1985; and (e) once the above fraternity was sold, the defendant 1 should recover to its original state after deducting KRW 7.8 million in total amount already paid to the plaintiff.

Since the legal relations between the fraternity and the fraternity occurred after the strike are different depending on the nature of the fraternity, the settlement relationship should be determined by comprehensively taking into account the content of the agreement between the fraternity and the fraternity, the operational form of the fraternity, and the relationship between the fraternity. If the fraternity member, regardless of any other fraternity members, regardless of the agreement between the fraternity member and the fraternity member, the fraternity member is entirely responsible for the operation of the fraternity, and the fraternity members do not have any contractual relationship between them, such a fraternity shall be deemed to be in the form of a single contract between each fraternity and the fraternity, and therefore, it shall be deemed that the settlement between the fraternity member and the week at the time when the fraternity becomes unable to operate more for any reason, is in accordance with the agreement between each fraternity and the State, and it shall have been in accordance with the conclusion of the judgment of the court below. The judgment of the court below is erroneous in the misapprehension of legal principles as to the payment relationship between the plaintiff and the Defendants in this case where it has become final and conclusive.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-chul (Presiding Justice)