The case holding that the association is liable for employers in relation to the establishment of a certificate of payment under the name of the association without a resolution of the general meeting of the association for the full-time executive of the military fishery cooperative and the former

In addition to those stipulated in the business plan and revenue and expenditure budget, the defendant Tsung Military Fisheries Cooperatives should obtain a resolution from the general meeting of the association pursuant to Article 44 (1) 9 of the Fisheries Cooperatives Act. If the non-party, who is a full-time executive of the defendant association, has suffered loss by preparing a payment certificate to the plaintiff for the contractor's own financial intent in relation to the new construction of the association without a resolution from the general meeting of the association, the defendant association is liable for the employer pursuant to Article 756 of the Civil Act, and the plaintiff is also negligent.

Article 44 of the Fisheries Cooperatives Act, Articles 756 and 763 of the Civil Act

Supreme Court Decision 78Da1169 delivered on December 26, 1978

The Hongnam Table

Ssung-gun Fisheries Cooperatives

Suwon District Court of the first instance (77Gahap28)

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The defendant shall pay to the plaintiff 3 million won with an annual interest rate of 5 percent from October 1, 1975 to the full payment.

The costs of lawsuit shall be borne by the defendant, and a judgment of provisional execution

The part against the defendant in the original judgment shall be revoked and the plaintiff's claim corresponding thereto shall be dismissed.

The judgment that the costs of lawsuit shall be borne by the plaintiff in the first and second instances.

1. In light of the overall purport of testimony and oral argument of Gap evidence Nos. 1 and Eul evidence Nos. 1 and 1-2 (each contract for each contract) without dispute over the establishment, the plaintiff was requested by the non-party limited partnership company (hereinafter the "non-party company") who is responsible for the construction work of the defendant union building, etc. construction work of the non-party partnership company (hereinafter the "non-party company") and lent 3,000,000 won to the non-party company on September 1, 1975 with the maturity of October 1, 1975, the non-party union (the non-party union), who was a full-time executive of the defendant union, had a new obligation to pay to the plaintiff after obtaining a resolution of the general meeting of the court below, and the non-party union did not issue the business plan and the non-party company's new construction work plan and the non-party company's new construction work to guarantee that the plaintiff did not pay to the above plaintiff the above non-party company.

According to the above facts, since the above obligation-bearing act committed by the non-party standing member violates the above law of the Fisheries Cooperatives Act, and thus, the damage caused by the plaintiff's lending of the above money to the non-party company which believed that the above payment certificate was valid, and the non-party company's failure to be paid the above money is an employee of the defendant's association ( even if the act of guaranteeing the above standing member does not belong to his business scope immediately stipulated in the law, it is for the purpose of promoting the convenience of self-financial services to the contractor, and it is closely related to the act as a regular business and a general business in relation to the construction of the building of the defendant's association, and thus, it is closely related to the act as a contractor. Thus, the defendant's association is liable to compensate the plaintiff for the damage caused by the plaintiff, and the amount of the damage is equivalent to the above loan unless there are special circumstances.

2. The defendant attorney:

(1) The Plaintiff, in collusion with the above old age, was actively involved in the act of misappropriation of the above old age, which constitutes an anti-social legal act under Article 103 of the Civil Code or an illegal cause under Article 746 of the Civil Code, and thus, the Plaintiff’s claim for damages is unjustifiable, and there is insufficient evidence to acknowledge that the Plaintiff actively participated in the act of misappropriation of the above old age, and there is no other evidence to acknowledge that the Plaintiff actively participated in the act of misappropriation of the above old age, and that the Plaintiff’s claim for this case cannot be claimed as an illegal cause. The above assertion is without merit.

(2) Since the plaintiff's belief that the above payment certificate is valid, there is negligence, it can be known that there is a legal limitation on the act of debt burden as a corporation subject to the regulation of the Fisheries Cooperatives Act. However, as seen above, the plaintiff did not confirm whether it had gone through a legitimate procedure when receiving payment from the above old season, and therefore, it is reasonable to determine the compensation amount as KRW 2,500,000, in consideration of the compensation amount.

3. Thus, the defendant is obligated to pay to the plaintiff the civil legal delay damages at the rate of 5% per annum from October 1, 1975 to the full payment as compensation for damages to the plaintiff, and the plaintiff's claim of this case shall be accepted within the above recognition scope, and the remainder shall be dismissed with no reasons. The judgment of the court below is just and without merit, and the defendant's appeal shall be dismissed and the costs of appeal shall be borne by the losing party.

Judges Lee Byung-su (Presiding Judge)