logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원(창원) 2019.06.20 2019나10869
계금
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows, except for adding a judgment on the argument that the defendant and the plaintiff B made in the trial as set forth in paragraph (2) is identical to the ground for the judgment of the first instance, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420

2. Additional determination

A. The defendant's assertion and its determination are that the part of the 18th, 20, and 25th and 25th are characterized by a partnership under the Civil Act. Thus, the plaintiffs who are the causes of the fraternity cannot independently file a claim with the defendant for the settlement of the relevant number system (18th, 20 days in the case of the plaintiff A, 18th and 25th, in the case of the plaintiff B).

The evidence presented by the defendant alone is difficult to recognize that each of the above fields of accounts has the character of a cooperative under the Civil Act. On the other hand, the following circumstances, i.e., ① all of the members including the plaintiffs joined a cooperative by individual contact with the defendant. Each of the members appears to have not been aware of the personal information or credit status of the other members. ② The above fields of accounts were operated in the form of individual notification through text messages in relation to each of the members, and the books related to each of the above fields of accounts were prepared in the form where only the defendant can be aware of the payment of accounts and the time of payment. The records related to each of the above fields of accounts were prepared in the form where only the defendant was able to know that all of the members became arzed and did not know the current status of operation. ③ The members of the fraternity operated the mutual savings and finance company by considering only the defendant's credit standing status, and each of the members of the mutual savings and finance companies became aware that each of the members of the mutual savings and finance companies became members of the mutual savings and finance companies.

arrow