A fishery cooperative's employer's liability for borrowing money in violation of the Fisheries Cooperatives Act prior to fishery cooperatives;

If a fisheries cooperative, as an employer of the preceding business, issued a check of shares in violation of its accounting rules, borrowed money from the National Federation or any other person who is not a financial institution, and was aware that such an act was null and void as it violated the Fisheries Cooperatives Act, the fisheries cooperative shall be liable to compensate the said lender for the damages that it sustained.

Article 65 of the Fisheries Cooperatives Act, Article 756 of the Civil Act

Supreme Court Decision 75Da281 delivered on May 10, 1977

Plaintiff

Simpo Fisheries Cooperatives

Gwangju District Court Decision 74Gahap158 decided Jan. 1, 200

Supreme Court Decision 76Da911 Decided June 8, 1976

1. The original judgment shall be modified as follows:

2. The defendant shall pay to the plaintiff the amount of KRW 1,00,000 and the amount equivalent to five percent per annum from July 30, 1972 to the date of full payment.

3. All the costs of the lawsuit shall be borne by the defendant.

The defendant shall pay to the plaintiff the amount of KRW 1,00,000 and the amount at the rate of five percent per annum from July 30, 1972 to the date of full payment.

Judgment that the costs of lawsuit shall be borne by the defendant is sought.

The original judgment shall be revoked.

The plaintiff's claim is dismissed.

The judgment that the litigation costs shall be borne by the plaintiff is sought.

In full view of the evidence No. 3, evidence No. 1, evidence No. 1, evidence No. 3, evidence No. 1, and evidence No. 2, evidence No. 3, the authenticity of which is recognized by the testimony of Non-Party 1, and evidence No. 3, evidence No. 1, the authenticity of which is acknowledged by the above evidence No. 3, the witness testimony of Non-Party 1 is acknowledged as not being paid the loan money to the defendant union on June 29, 1972 by mediating Non-Party 1 and lending one million won to the defendant union as security, and one copy (one million won for face value, one million won for issue date, and one of the non-party 2, the issue date of which was July 29, 1972) of the number of shares of the defendant union, which was delivered to the non-party 1,

In addition, according to the purport of the testimony and argument of the witness non-party 2, 3, 4, and 5, in borrowing money from the plaintiff of the above recognition of the defendant association, the whole non-party 2 of the defendant association issued the above statement of shares in violation of the accounting rules of the defendant association, and the above money borrowed in violation of the Fisheries Cooperatives Act and thus null and void, can be recognized as a so-called "recognized" knowing

The statements of No. 1-2, No. 2, and No. 2 and the testimony of Non-Party 2, 4, 3, and 5 of Non-Party 2, 4, and 5, which conflict with the above recognition, are not believed to be a party member, and there is no other evidence to determine the above recognition

Thus, the defendant's non-party 2, who is the non-party 2, who is not the employee of the defendant, has an obligation to pay the amount equivalent to five percent per annum as claimed by the plaintiff from July 30, 1972 to the full payment date, that is, the defendant's employee, as an employee, for the damages incurred by the plaintiff and the damages incurred by the plaintiff in this amount as the loan from the plaintiff to the plaintiff. In other words, it is reasonable to accept the plaintiff's claim for damages caused by the plaintiff's principal tort.

Therefore, since the judgment of the first instance is different from the party members, it is reasonable that the amount cited in the conclusion is modified by Article 385 of the Civil Procedure Act and the principle of the losing party's apportionment of litigation costs and that provisional execution is not attached. It is so decided as per Disposition without attaching it.

Judges Noh Byung-man (Presiding Judge)