(영문) 부산지방법원동부지원 2016.11.23 2016가단204570

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(영문) 부산지방법원동부지원 2016.11.23 2016가단204570

채무부존재확인

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B cooperatives (hereinafter referred to as the “instant cooperatives”) whose members are the Plaintiff are 13 members as corporations established under the Framework Act on Cooperatives for the purpose of domestic and foreign travel and chartered bus business.

B. On February 4, 2016, C, the president of the instant association, concluded a loan contract with the Defendant (hereinafter “instant loan contract”) under the name of the Plaintiff as the president of the association around February 4, 2016, and received a loan amount of KRW 100,000 from the Defendant. As the instant association failed to comply with the installment payment agreement on the said loan, the Defendant completed the registration of the establishment of a collateral security right on the D bus that the association planned to purchase on March 11, 2016 to secure the said loan claim.

C. C was not subject to the resolution of the board of directors of the instant association on the receipt of the above loan.

The instant association paid the purchase price in full to new and high-speed tourism, a seller of the bus, but did not complete the procedure for the registration of transfer of ownership on the bus due to the administrative procedure of new and high-speed tourism.

[Ground of recognition] Evidence Nos. 1, 2, 7, Evidence Nos. 1, 1 and 3, part of witness C’s testimony, the purport of the whole pleadings

2. The plaintiff's assertion

A. In full view of the contents of Article 33 of the Framework Act on Cooperatives, Articles 43 and 53 of the Articles of Incorporation, and Article 8 of the operating rules of the board of directors of cooperatives, the act of assuming obligations of a cooperative must undergo a resolution by the board of directors, and the act of bearing obligations without a resolution

B. C, the president of the instant association, without going through a resolution of the board of directors, obtained a loan of KRW 100,000,000 from the Defendant in the name of the association, and thus the said loan agreement is null and void.

Therefore, the Plaintiff, a member of the instant association, bears the said loan contract.

유사 판례

-대전고등법원(청주) 2014.09.23 2013나1564

-서울중앙지방법원 2012.12.13 2012고정1608

-대구지방법원 2013.10.16 2013고정648

-대구고법 1976. 4. 30. 선고 75나1025 제4민사부판결 : 상고

-서울동부지방법원 2013.12.19 2013노543