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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
대법원 1965. 4. 13. 선고 64다1940 판결
[대여금][집13(1)민,107]
Main Issues

Cases where there was an error of misapprehending the legal principles as to the liability of a corporation after the establishment.

Summary of Judgment

As the defendant union was established for the purpose of joint production, joint processing, and joint consumption of the households of its members, the defendant union made joint efforts by the promoters of the defendant union established prior to the establishment of the defendant union in order to prevent the conclusion of the contract of unfair furnitures, etc. conducted by the government agencies, and the borrowed money cannot be deemed expenses for the establishment itself, unless there are special circumstances, for the purpose of the association's establishment itself. Thus, it is erroneous in the misapprehension of legal principles as to the liability of the juristic person after the establishment of the association for the act of the juristic person under establishment.

[Reference Provisions]

Article 34 of the Civil Act, Article 10 of the Small and Medium Enterprise Cooperatives Act

Plaintiff-Appellee

Kim Dong-dong

Defendant-Appellant

National Home Industry Cooperatives

Judgment of the lower court

Jeonju District Court Decision 64Na186 delivered on November 27, 1964

Text

We reverse the original judgment.

this case is remanded to the Jeonju District Court Panel Division.

Reasons

We examine the grounds of appeal by the Defendant’s attorney.

According to the facts established by the court below, the defendant union held an inaugural general meeting on March 31, 1963 for the joint production, joint processing, and consumption of the households of its members and appointed the non-party 1 as the president as the non-party 2, 3, 4, 5, 6, 7 as directors, and the defendant union completed the registration of establishment on July 4, 1963, and the non-party 1, the representative of the defendant union established prior to the above inaugural general meeting, and the non-party 7, 8, 5, 9, and 3 as its promoters, shall make joint efforts to prevent the conclusion of a private contract of unfair furniture, etc. at the government office, and borrowed necessary expenses therefor. Thus, the above promoters and promoters borrowed gold 16,00 won from the plaintiff on March 30, 1963, and therefore, the expenses for the above purpose cannot be interpreted as expenses for the establishment of the defendant union, and the court below did not err by misapprehending the legal principles as to the act of establishment of the defendant union without any special circumstances.

The judge of the Supreme Court (Presiding Judge) of the Red Round (Presiding Judge)