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1. The judgment of the court of first instance is modified as follows.
Defendant C, D, E, and G jointly and severally with the Plaintiff KRW 638,353,457.
Reasons
Basic Facts
The court's explanation on this part is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and therefore cites it as it is by the main text of Article 420 of the Civil Procedure Act.
Plaintiff’s assertion
The reasoning of the court's explanation on this part is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Judgment
With respect to the claims against Defendant C, D, E, and G, a committee of promoters and a group of non-corporate entities under the Civil Act of the legal nature of each of the loans of this case, which have no legal personality or legal personality, but which is recognized as an association, should be judged on the basis of the strongness of its organization. In general, the association is established by a contractual relationship between at least two persons to operate a joint business by investing money or other property or labor with one another, and thus, it is restricted from a certain degree of organization. However, compared to the personal combination where the personal nature of the members shows strongly, the non-corporate group has a characteristic of organization as an independent entity that can be the subject of rights and obligations, separate from the personal nature of the members.
The decision-making body and the executive body shall be organized based on the rules that have the nature of an association with its own purpose, and the decision-making body and the executive body shall be made by the principle of majority majority, and the organization itself shall continue to exist regardless of the change due to the membership, withdrawal, etc. of members, and the organization shall have the substance as non-corporate body in case where the representative method, the operation of a general meeting or board of directors, the composition of capital, the management of property, or other important matters of the organization are determined by the organization.
(Supreme Court Decision 9Da4504 delivered on April 23, 199). In light of the above legal principles, the committee for promotion of tentative name is established.