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(영문) 대전지방법원 2016.06.01 2014가단226687
대여금
Text

1. The Defendant C Association shall pay KRW 90,000,000 to the Plaintiff as well as 5% per annum from June 10, 2015 to June 1, 2016.

Reasons

1. Determination as to the claim against Defendant B, an incorporated association

A. (1) The Plaintiff’s assertion (1) has lent KRW 90 million to C Association (hereinafter “C Association”) which is a subordinate organization of the Defendant Association B (hereinafter “Defendant Association”). However, the rights and obligations of C Association belong to the Defendant Association, the principal, and thus, the Defendant Association is obligated to return the said loan to the Plaintiff.

(2) The Defendant’s argument C Association is a non-corporate body independent of the Defendant Association, and thus, the Defendant Association is not liable to return the loan.

B. Even if an affiliate organization of a judgment corporation is subject to the corporation’s occupational guidance and supervision, it shall have an organization of the decision-making agency and the executive organ based on the rules, and if the organization continues to exist, regardless of its membership or withdrawal from the organization, etc., the organization itself can be deemed to be an independent non-corporate association separate from the corporation, and as long as it has the substance of the association, the norm governing its organization and activities does not lose the association as it is an entity of the upper organization.

(2) In light of the above legal principles, the following circumstances are revealed based on the above legal principles: (a) C Association has an organization, such as establishing a decision-making institution and an operating institution in accordance with the provisions of the Regional Association Act; (b) C Association has officers, such as the president, vice president, auditors, and operating committee; (c) the operating committee composed of the above officers has deliberation and resolution on the overall matters concerning the operation of the C Association; (c) the C Association is divided into an ordinary general meeting and an extraordinary general meeting; and (d) the C Association’s general meeting is resolved in accordance with the principle of majority.

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