Main Issues
Cases where the fraternity is recognized as a bearer contract similar to the mutual credit fraternity under Article 2 of the Mutual Savings and Finance Company Act;
Summary of Judgment
If there is no cross-friendly relationship or credit relationship between the defendant who is the owner of the fraternity and the fraternity, and as much as who is not known of the fraternity, it should be regarded as a life-free contract similar to the mutual credit system provided for in Article 2 of the Mutual Savings and Finance Company Act.
[Reference Provisions]
Article 703 of the Civil Act, Article 2 of the Mutual Savings and Finance Company Act
Reference Cases
Supreme Court Decision 67Da1052 Decided July 18, 1967
Plaintiff-Appellee
Plaintiff
Defendant, the superior, or the senior
Defendant
original decision
Daegu High Court Decision 78Na248 delivered on September 19, 1979
Text
The appeal is dismissed.
The costs of appeal shall be borne by the defendant.
Reasons
We examine the Defendant’s grounds of appeal.
According to the reasoning of the judgment of the court below, the court below was just in finding that the above non-party joint defendant 2 was not liable for the above non-party 1's non-party 2's non-party 2's non-party 3's non-party 2's non-party 1's non-party 2's non-party 2's non-party 2's non-party 2's non-party 1's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 1's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 2's non-party 1's non-party 2's non-party 1's non-party 2's non-party 1's.
Therefore, this appeal is dismissed as it is without merit. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Yong-chul (Presiding Justice)