logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원서부지원 2019.10.29 2019가단911
보증채무금
Text

1. The instant lawsuit shall be dismissed.

2. The litigation costs are assessed against C who is represented by the plaintiff.

Reasons

1. The summary of the Plaintiff’s assertion: (a) the Plaintiff created the right to collateral security with respect to D major D major D major D major D major D major D major 471m2, Busan District; and (b) granted the loan to F on December 30, 2014; and (c) lent the sum of KRW 60 million to F on July 21, 2015; and (c) at the time the Defendant jointly and severally guaranteed F’s loan obligations with respect to the Plaintiff, the Defendant is obligated to pay KRW 60 million to the Plaintiff as joint and several liability obligations.

2. Whether the lawsuit of this case is lawful

A. The Defendant’s main defense lawsuit of this case was not elected as the Plaintiff’s representative through legitimate procedures, and the lawsuit of this case was instituted not only by a person without the power of representation, but also by the Plaintiff, a non-corporate body, to seek the performance of joint and several liability obligations to the Defendant, and thus, the lawsuit of this case was unlawful, since it was filed without the resolution of the general meeting

B. 1) According to the written evidence Nos. 3, 7, 10 through 12, and 14 as to whether C is the representative of the Plaintiff church, the certificate of representative of the Plaintiff’s church (hereinafter “the certificate of this case”) stating that C is a representative of the Plaintiff church with the content that “C proves that it is the representative of the A church who belongs to the G Religious Organization (Joint) International Labor Association” to C (hereinafter “the certificate of this case”).

The facts that the articles of incorporation of a plaintiff church were prepared and delivered, and that C submitted to this court with the contents that the representative of the plaintiff church is the plaintiff church, but on the other hand, the following circumstances, i.e., ① did not submit any evidence showing that the above articles of incorporation was lawfully prepared by the resolution of the general meeting of the plaintiff church, and the above articles of incorporation are prepared by C itself, and it is difficult to recognize the fact that C was elected as the representative of the plaintiff church's general meeting, and there is no other evidence to prove otherwise.

arrow