Main Issues
The case where the withdrawal from the accounts and the claim for refund of the amount paid is deemed justifiable;
Summary of Judgment
With respect to the limit that the Defendant was organized by taking all responsibility such as the receipt of the fraternity payments and the payment of the fraternity payments, etc. with the consent of the Defendant, it is justifiable for the Plaintiff to withdraw from the fraternity and claim the return of the fraternity in case where the Plaintiff clearly stated that the Plaintiff would not pay the fraternity payments while denying the status of the Plaintiff’s fraternity.
[Reference Provisions]
Article 703 of the Civil Act
Plaintiff-Appellee
Plaintiff
Defendant, the superior, or the senior
Defendant
original decision
Seoul Civil District Court Decision 79Na170 delivered on November 16, 1979
Text
The appeal is dismissed.
The costs of appeal are assessed against the Defendant.
Reasons
The defendant's grounds of appeal are examined.
In accordance with the reasoning of the court below, the court below's decision that accepted the claim that the plaintiff should return only the internal amount, and it cannot be said that there are many arguments that the plaintiff's claim that the plaintiff should return the internal amount, because it is legitimate to have accepted the claim that the plaintiff should return the internal amount, since the court below's decision which accepted the claim that the plaintiff's claim that the plaintiff should return the internal amount, and it is not appropriate for the case of this case, and that the party members pointing out the arguments are not appropriate for the case, and that the plaintiff did not follow the nature of the fraternity.
The issue is without merit and is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Il-young (Presiding Justice)